Yurol and Ringtail Indigenous Land Use Agreement (ILUA)

Date: 30 March 2021
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Noosa Hinterland
State/Country:Queensland, Australia

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as nine land parcels located in the Ringtail and Yurol State Forests and the western part of the Tewantin National Park, with a combined area of approx. 20.5 sq km.

Schedule 1 of the ILUA identifies the area covered as Lots 5, 7, 8, 11 on AP22503 (Ringtail State Forest), Lots 1, 2, 3, 4 on AP22502 (Yurol State Forest), and Lot 5 on AP22502 (Tewantin National Park). For more information see the documents attached.

The area is within the jurisdiction of the Noosa Shire Council.

Legal Status:

Registered on the Register of Indigenous Land Use Agreements on 27 August 2021. This is an authorised area agreement under theNative Title Act 1993(Cth).

Legal Reference: National Native Title Tribunal file no.: QC2018/007
Subject Matter:Green Energy | | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2021/005
Summary Information:

The Yurol and Ringtail Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between Greenfleet Australia (as Trustee for the Greenfleet Trust) and Michael Douglas and others in their capacity as Registered Native title Claimants (Signatories) on behalf of the persons comprising the Native Title Claim Group for the Native title Claim (together the Native Title Party).

The purpose of the ILUA is to provide consent for Greenfleet to revegetate and restore the flora in the ILUA area for the dual purpose of establishing a native biodiverse forest and sequestering carbon dioxide from the atmosphere.

The Native Title Representative Body for this area is Queensland South Native Title Services.

Detailed Information:

Background to the Agreement

Greenfleet describes this ILUA as the first step in the Noosa Restoration and Reconciliation Project and one which will provide employment opportunities to the Kabi Kabi people while taking critical steps to protect the climate (Greenfleet, November 2021). The Project is predicted over its lifetime to sequester more than 700,000 tonnes of carbon dioxide, equivalent to the annual emissions of 160,000 cars in Australia (Greenfleet, November 2021).

Commencement and Termination

This agreement commenced and was binding when signed by both parties (30 March 2021). It has operated as an ILUA and in relation to the agreed future acts since being included in the Register of Indigenous Land Use Agreements on 27 August 2021.

The ILUA will terminate on the earlier of:

  • the written agreement of the parties;
  • 7 years after its registration or at a later time with the agreement of the parties, unless a carbon abatement interest for the project is granted to Greenfleet and registered under the Land Act 1994 (Qld) or the Nature Conservation Act 1992 (Qld); or
  • on notice from Greenfleet at the end of the Project.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the NTA do not apply to the ILUA.

Extinguishment

The parties agree that the non-extinguishment provisions of the NTA apply. This means that under s 24EB(3) of the NTA any of the acts authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished.

Future act provisions

In relation to all or part of the ILUA area, the parties consent to:

  • carbon abatement interests being registered or dealt with in favour of Greenfleet, under the Land Act 1994 (Qld) or the Nature Conservation Act 1992 (Qld);
  • entering an agreement under the Forestry Act 1959 (Qld) to allow access for the purpose of forest restoration activities;
  • dedication as a protected area under the Nature Conservation Act 1992 (Qld); and
  • any other future act necessary, or connected to, the above acts that support the restoration of a native biodiverse forest and the sequestering of carbon dioxide from the atmosphere.

Native Title in the Agreement Area

The ILUA area is within the area of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group entered into the Register of Native Title Claims (the Register) on 8 February 2019. For further information see the attached Extract from the Register of Native Title Claims for QCD2018/007.


Related Entries

Organisation
  • National Native Title Tribunal
  • Queensland South Native Title Services Limited
  • Noosa Shire Council
  • Greenfleet Australia - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Act 1994 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • People
  • Michael Douglas and others in their capacity as the Native Title Party - Signatory

  • References

    Media Release
    Greenfleet (November 2021) The Noosa Restoration & Reconciliation Project

    Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2021/005 as at 27/08/2021 (Yurol and Ringtail ILUA) - ( PDF | PDF | PDF)
    National Native Tribunal Extract from the Register of Native Title Claims for QCD2018/007 as at 26 July 2022 (Kabi Kabi First Nation Traditional Owners Native Title Claim Group ) - ( PDF)

    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)