The ILUA area covers about 46 sq km, made up of 65 parcels of land situated southeast of Ingham and extending along the coastline from Taylors Beach to Balgal Beach. Schedule 1 of the ILUA, identifies the lots of land and waters that are subject top this ILUA (See Schedule 1, Part A attached below under documents). The Extract from the Register of Indigenous Land Use Agreements further identifies three categories of land existing within the agreement area:
- land exchange lots, including lot 25 of USL39624 and lot 24 (East) of SP130995, to be surrendered to the State;
- revenue share lots, including the lots detailed in schedule 3 attached below, to be surrendered to the State and the proceeds of the sale of which are to be shared between parties; and
- Aboriginal Land Act 1991 (Qld) (ALA) lots, detailed in schedule 4, to be transferred to the Warga Badda Nywaigi Aboriginal Corporation for the purpose of establishing a reserve.
The ILUA is binding from the date it was signed by all parties, 8 October 2018. It has effect as an ILUA, and in relation to the agreed acts, from registration on 10 December 2018.
The agreement may be terminated by the written agreement of both parties.
Native Title Provisions
Right to negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed acts consented to by this agreement.
The parties agree to the surrender of the native title rights and interests in the land exchange lots, revenue share lots and lot 102 on CWL1806 to the State. In doing so, the native title rights and interests in these areas were permanently extinguished upon registration of this agreement on 10 December 2018.
For the remaining area, the parties agree that the non-extinguishment principle continues to apply. This means that the acts authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.
Future act provisions
The parties agree to the doing of the following acts by the non-native title party (as per Schedule 9 attached below under documents):
- the grant of any interest, including a permit, lease, easement or reserve for community purposes over a reserve share lot prior to the lot being surrendered to the State;
- the grant of the lots described in Schedule 4 as Aboriginal land under the Aboriginal Land Act 1991 (Qld);
- the establishment of reserves within the ILUA area per Schedule 5 (not available) over which the Warga Badda Nywaigi Aboriginal Corporation will be the trustee;
- all other activities that are consistent with the purposes of a reserve;
- the inclusion of the lots identified in Schedule 6 (not available) as a protected area to which the Nature Conservation Act 1992 (Qld) applies; and
- the dedication of the roads identified in Schedule 7 (not available).
Native title in the agreement area
This agreement is located within the native title determination area of Lightning on behalf of the Nywaigi People v State of Queensland  FCA 493. (FCA file no.: QUD148/2015, NNTT file no.: QCD2018/002).