Details of the Agreement
Commencement and Termination
The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to the agreed future acts, from its registration on 27 April 2021.
Native Title Provisions
Right to negotiate
The right to negotiate provisions of the Native Title Act 1993 (Cth) apply to the acts agreed to under this ILUA.
The parties agree that the surrender is intended to extinguish any native title that exists in relation to the land, including the Constructed Road.
Future act provisions
The parties agree that the road which has been constructed on the ILUA area is to be referred to in this ILUA as the 'Constructed Road'. Further, after the freehold grant, the DNRME may require the Constructed Road to be dedicated as a thoroughfare, for example as a public road under the control of the local government.
The BBAC and the Barada Barna People consent to the:
- surrender of any Barada Barna native title in the ILUA area;
- the granting of a freehold title and any any other approvals or tenures required to give effect to the freehold grant;
- the Constructed Road and any acts necessary for or incidental to the construction and maintenance of the Constructed Road; and
- validation of any act done invalidly prior to 27 April 2021 (the ILUA registration date) in relation to the Constructed Road, its construction, maintenance and approvals.
Native Title in the Agreement Area
The ILUA area is within the area of the native title determination Budby on behalf of the Barada Barna People v State of Queensland (No 7)  FCA 1271. (FCA file no.: QUD380/2008, NNTT file no.: QCD2016/007)