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

Category: Agreement
Date: 14 June 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Boulia, Queensland, Australia
This agreement covers approximately 30,550 square kilometres of land. It is located north of Bedourie and south of Dajarra, in the vicinity of Boulia. The agreement falls within the local government authorities of Boulia, Cloncurry, Diamantina and Winton Shire Councils.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 December 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/068
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.068/ILUARegisterExport.pdf
Summary Information:
The Pitta Pitta People and Local Government Indigenous Land Use Agreement was agreed between:

- Boulia Shire Council, Cloncurry Shire Council and Diamantina Shire Council and

- Alfred Nathan, Jean Jacks, Neville Aplin, Carmel Belford, Noel Doyle and Florence Melville as the Applicant for Native Title Determination
Application QUD6025/1999 (Pitta Pitta People).

The purpose of the ILUA is to resolve land tenure issues and give the approval to the local governments to do certain activities which are considered to have a 'low impact' on native title rights.
Detailed Information:
Under this agreement, the parties consent to any activity which is considered to have a 'Low Native Title Impact'. Classes of these activities are set out in Schedule 8 of the agreement (and available with the ILUA extract). They include:
- certain types of maintenance required for areas controlled by the local government.
- Low impact infrastructure, which may replace existing infrastructure or which would not prevent the exercise of native title.
- Statutory approvals
- Low impact tenure grants
- Pest Control
- Contractual interests
- Operational activities
- Access and site investigation
- Emergencies
- Contractual interests with third parties
- Low impact works otherwise agreed at a capital works forum.

The agreement allows for activities which prevent the exercise of native title only if the activity is
- short term;
- lawfully done pursuant to a permitted lease; or
- required by law.

Commencement

The agreement commenced as a binding contract from the date of execution (14 June 2012). It will continue until the Agreement is terminated.

Native Title Provisions
The right to negotiate does not apply to future acts covered in the agreement.

Native Title in the ILUA area
The Pitta Pitta people had their (non-exclusive) rights recognised over approximately 30,000 square kilometres some 13 years after they first filed their native title claim. The area is near the Queensland/Northern Territory border. The area is centred on the township of Boulia. It covers low lying plains in the Channel Country and the Burke, Hamilton and Georgina Rivers. The area enjoys a warm, semi-arid climate. Thus waterholes and watercourses were, and are an important part of the relationship between the people and the land.

Related Entries

Agreement
  • Aplin on behalf of the Pitta Pitta People v State of Queensland [2012] FCA 883
  • Organisation
  • Boulia Shire Council - Signatory
  • Cloncurry Shire Council - Signatory
  • Diamantina Shire Council - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Alfred Nathan and others on behalf of the Pitta Pitta People - Signatory
  • Pitta Pitta People

  • Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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