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Bularnu Waluwarra and Wangkayujuru People and Local Government Indigneous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 May 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Boulia , Queensland , Australia
The Agreement Area covers about 23,615 sq km, situated north-west of Boulia and extending about 176 km north from the Donohue Highway and east from the Northern Territory border to Dajarra, in the State of Queensland. The Agreement Area covers all lands and waters within the external boundaries of the Native Title Determination Applicaiton QUD6115.98 Bularnu Wuluwarra & Wangkayujru People #1 and Native Title Determination Application QUD6006/02 Bularnu Wuluwarra & Wangkayujru People #2.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 May 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2012/132
Subject Matter:Local Government
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_Registered_ILUA_Bularnu_Waluwarra_and_Wangkayujuru_People_and_Local_Government_ILUA_QI2012_132.aspx?Mode=TextOnly
Summary Information:
The Bularnu Waluwarra and Wangkayujuru People and Local Government Indigenous Land Use Agreement (ILUA) was agreed between:

- the Boulia Shire Council;

- the Cloncurry Shire Council;

- the Mount Isa City Council;

- Mavis Sarmardin, David Riley, Marlene Speechley, Elizabeth Dempsey, Thelma Parker and Charles Page Jnr. on behalf of the Bularnu Waluwarra and Wangkayujuru Peoples #1 and Bularnu Waluwarra and Wangkayujuru Peoples #2; and

- the Bularnu Waluwarra Wangkayujuru Aboriginal Corporation

on 21 May 2013.

The purpose of the area agreement ILUA is to provide consent for the doing of certain 'Low Native Title Impact Acts' within the prescribed ILUA area.
Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 21 May 2013.

The Extract notes the start date of the ILUA as 12 December 2012.

Clause 16.1 of the Agreement gives effect to the terms of the Agreement from the date of execution, being the date upon which the last party to the Agreement signs the Agreement. The Agreement will continue in force unless validly terminated.

Clauses 17.1 and 17.2 of the Agreement stipulate the method by which the Agreement may be terminated. Those Clauses are as follows:

17.1 The Agreement may be Terminated by agreement in writing of the Parties.

17.2 Where:-
(a) the Native Title Claims:-

i) results in an Unsuccessful Determination; or
ii) is either struck out, dismissed or discontinued; and

(b) a native title claim is made on behalf of persons other than the Bularnu Waluwarra and
Wangkayujuru Peoples over the ILUA Area and is included in the Register of Native Title Claims
any Party may:-

(c) request the other Parties to consult about the change in circumstances brought about by
another native title claim being included in the Register of Native Title Claims ; or

(d) Terminate the Agreement by giving Notice in writing to each of the other Parties , in which
case:

i) where the Native Title Party gives Notice to the Local Governments - the Agreement is
Terminated when the last Notice is received by the Local Governments ; or

ii) where one or more Local Governments give Notice to the Native Title Party - the Agreement
is Terminated when the first Notice is received by the Native Title Party .

Native Title Provisions

The Extract specifically notes that the Agreement Area does "not overlap with any other native title claim."

The Agreement Area covers all lands and waters within the external boundaries of the Native Title Determination Applicaiton QUD6115.98 Bularnu Wuluwarra & Wangkayujru People #1 and Native Title Determination Application QUD6006/02 Bularnu Wuluwarra & Wangkayujru People #2.

The Extract notes that specifically that the parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

With respect to Future Acts, the Extract note in particular Clauses 43.1, 43.2 and 44.1 of the Agreement. Those Clauses are as follows:

43.1 The Parties consent to any Activity which has a Low Native Title Impact.

'Low Native Title Impact' Activities are described in Schedule 8.

43.2 There are no conditions on the consent to an Activity which has a Low Native Title Impact .

44.1 Where a condition applicable to a Particular Future Act is satisfied , the Parties consent to the Particular Future Act.

Conditions to Consent are outlined in Schedule 9.

Native Title in the ILUA Area

The two formerly separate applications by the Bularnu, Waluwarra and Wangkayujuru Peoples were combined and accepted for registration on 10 July 2013. On 14 January 2013, the amended application was filed in the Court pursuant to a Federal Court order dated 21 December 2012 which gave the applicant leave to combine native title determination application QUD6115/1998 with native title determination application QUD6006/2002 and to further amend the application by reducing the area covered.

Related Entries

Agreement
  • Elizabeth Dempsey & Ors on behalf of the Bularnu Waluwarra & Wangkayujuru People v State of Queensland & Ors (unreported, FCA, 27 May 2014, Mortimer J)
  • Organisation
  • Boulia Shire Council - Signatory
  • Mount Isa City Council - Signatory
  • Cloncurry Shire Council - Signatory
  • Bularnu Waluwarra Wangkayujuru Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Mavis Sarmardin, David Riley, Marlene Speechley, Elizabeth Dempsey, Thelma Parker and Charles Page Jnr. on behalf of the Bularnu Waluwarra and Wangkayujuru Peoples #1 and Bularnu Waluwarra and Wangkayujuru Peoples #2. - Signatory

  • Documents

    Map
    Bularnu Waluwarra and Wangkayujuru People and Local Government Indigneous Land Use Agreement (ILUA) Map - ( PDF)
    Bularnu Waluwarra and Wangkayujuru People and Local Government Indigneous Land Use Agreement (ILUA) Extract - ( PDF)
    Bularnu Waluwarra and Wangkayujuru People and Local Government Indigneous Land Use Agreement (ILUA) Written Description - ( PDF)
    Bularnu Waluwarra and Wangkayujuru People and Local Government Indigneous Land Use Agreement (ILUA) Low Native Title Impact Acts - ( PDF)
    Bularnu Waluwarra and Wangkayujuru People and Local Government Indigneous Land Use Agreement (ILUA) Particular Future Acts - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Future Act Determination (Native Title Act (1993) (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Local Government | Native Title (Australia) | Native Title Applications/Claims (Australia) | Native Title Applicants | Native Title Registers | Native Title Claimants (unregistered) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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