Agreements, Treaties and Negotiated Settlements Project

Arcella and DBYNG Indigenous Land Use Agreement
Date:	2 July 2021
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	South of Mareeba and along the eastern side of the Barron River
State/Country:	Queensland, Australia
	The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 1.7 sq km over Lot 469 on Crown Plan NR5837, which is located approx. 6 km south of Mareeba extending east of the Barron River. For details of the area see Schedule 1 and Attachment B of the ILUA, attached below under documents. The area is within the jurisdiction of the Mareeba Shire Council.
Legal Status:	Registered on the Register of Indigenous Land Use Agreements on 02/07/2021. This is an authorised area agreement under the�Native Title Act 1993�(Cth).
Legal Reference:	NNTT file no.: QI2021/002.
Subject Matter:	Native Title
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2021/002
Summary Information:
The Arcella and DBYNG Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between: Arcella Family Investments Pty Ltd;� Christopher Richardson on behalf of Djabugay-Bulway-Yirrgay-Nyakali-Guluy People; and� The State of Queensland.� The ILUA provides the�Djabugay-Bulway-Yirrgay-Nyakali-Guluy People's (DBYNG's) consent to the surrender of any native title they may hold in regard to the ILUA area to the State of Queensland.� The Native Title Representative Body for this area is North Queensland Land Council Native Title Representative Body Aboriginal Corporations.
Detailed Information:
Details of the Agreement Commencement The ILUA is binding as a contract between the parties when signed by all the parties (the date is unspecified in the Extract). However, consent to the surrender of native title commences upon registration of the ILUA on 2 July 2021. Native Title Provisions Extinguishment Under clause 4 of the ILUA, the parties consent to the surrender of any DBYNG native title rights and interests within the ILUA area. The surrender is intended to permanently extinguish that native title. Native Title in the Agreement Area The ILUA area was subject to a discontinued native title claim: Christopher Richardson & Ors on behalf of the Djabugay-Bulway-Yirrgay-Nyakali-Guluy People and State of Queensland & Ors (QC2015/005). The agreement area was excluded from the Cairns Regional Claim Group application (FCA file no.: QUD692/2016; NNTT file no.: QC2016/008).

Related Entries

Organisation

National Native Title Tribunal

State of Queensland - Signatory

Arcella Family Investments Pty Ltd - Signatory

Legislation

Native Title Act 1993 (Cth)

Native Title Amendment Act 1998 (Cth)

Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

People

Christopher Richardson on behalf of the Djubugay-Bulway-Yirrgay-Nyakali-Guluy People - Signatory

Glossary

Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia)

Created:	Tuesday, 29 November 2022
Modified:	Tuesday, 29 November 2022