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Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 November 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located west of Quilpie, Queensland, Australia
The agreement area covers about 27,900 sq km and is located approximately 20 km west of Quilpie.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 November 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2015/021
Subject Matter:Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/021
Summary Information:
Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Barcoo Shire Council and Quilpie Shire Council; and

- Boonthamurra People.

The purpose of this Agreement is to provide certain local governments with consent to conduct activities outlined in the Agreement.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 13 November 2015.

Clause 29 in Part 3 of the Agreement commences on the Execution Date, being 12 June 2015.

All other provisions in Part 3 of the Agreement commence on the Registration Date, being 13 November 2015.

Use of the Agreement Area

Low Native Title Impact Activity

Clause 29.1 of the Agreement provides that the Parties consent to any activity which has a Low Native Title Impact. This includes activities such as maintenance, low impact infrastructure, pest control and local government operational activities.

High Native Title Impact Activity

Clause 29.3 of the Agreement states that the Parties consent to any activity which has a High Native Title Impact. This includes high impact infrastructure, high impact tenure grants, and activities which temporarily prevent the exercise of native title. Consent of High Native Title Impact Activities requires that notice is given and consultation undertaken with the Native Title Party; or consensus is reached at a Capital Works Forum.

Capital Works Forum

"Capital Works Forum" means one or more meetings of the Native Title Party and Local Government, for the purposes set out below.

Clauses 32.4 of the Agreement states that the objectives of a Capital Works Forum are to:
(a) provide a forum at which the Local Government can table a list of proposed capital works for discussion and reaching consensus about whether they have a Low Native Title Impact or a High Native Title Impact; and
(b) enable the Parties to discuss any other proposed Activities which the Local Government cannot readily categorise as Low or High Native Title Impact, with a view to reaching a consensus on their categorisation;
(c) in the case that the Parties reach consensus that any of the listed capital works are activities that have a High Native Title Impact, to enable them to undertake consultation in relation to those activities.

Native Title in the Agreement Area

The Agreement area falls within the Boonthamurra People native title application (QUD435/2006).

In Wallace on behalf of the Boonthamurra People v State of Queensland [2014] FCA 901 the Federal Court of Australia determined that non-exclusive native title rights and interests are held by the Boonthamurra People in the Determination Area.

Related Entries

Agreement
  • Ergon Energy and Boonthamurra People Indigenous Land Use Agreement (ILUA)
  • Boonthamurra Opal Indigenous Land Use Agreement (ILUA)
  • Boonthamurra People/Gummomo Indigenous Land Use Agreement (ILUA)
  • Wallace on behalf of the Boonthamurra People v State of Queensland [2015] FCA 600
  • Organisation
  • Barcoo Shire Council
  • Quilpie Shire Council
  • People
  • Boonthamurra People

  • Documents

    Map
    Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 3 Map of ILUA Area - ( PDF)
    Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA) - Extract - ( PDF)
    Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 2 Written Description - ( PDF)
    Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 4 Low Native Title Impact Activities - ( PDF)
    Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 5 High Native Title Impact Activities - ( PDF)
    Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 6 Compliance Notice - ( PDF)
    Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 7 Consultation Procedure - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Land Use Agreement (Australia) | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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