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Pitta Pitta People/Warra Indigenous Land Use Agreement (ILUA)

Category: Agreement
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act) | Lease
Location:60 km east of the town of Boulia. , Queensland. , Australia
The agreement covers an area of about 759 sq km, located about 60 km east of Boulia. It falls within the Boulia Shire Council region, in central west Queensland. The area is approximately 300 km south of Mount Isa.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 January 2014.
Legal Reference: National Native Title Tribunal File No.: QI2013/074
Subject Matter:Future Act | Native Title | Recognition of Native Title or Traditional Ownership
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Pitta_Pitta_People_Warra_ILUA_QI2013_074.aspx
Summary Information:
The Pitta Pitta People/Warra Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Gladys Elliott, Rodney Harold Elliott and Charles Samuel Werner Elliott (applicant); and

- Alfred Nathan, Jean Jacks, Neville Aplin, Carmel Belford, Noel Doyle and Florence Melville on behalf of the Pitta Pitta People.

The purpose of the ILUA is to authorise the continuance of the pastoral lease that exists over the Agreement Area in the case that a determination of native title is made in favour of the Pitta Pitta People.
Detailed Information:
Details of the agreement

The lessees are the applicants (Gladys Elliott, Rodney Harold Elliott and Charles Samuel Werner Elliott). The lease is described as Preferential Pastoral Holding 4/5477 comprising Lot 3 on CP HL14.

The Agreement does not specify a start or end date. The Agreement was registered with the National Native Title Tribunal on 17 January 2014.

Clause 5.1 provides that Agreement will commence operation on the date that native title is found to exist over area covered by the ILUA and will continue to operate until:
- the lease ends;
- the date of surrender, resumption, forfeiture or termination of the lease; or
- until the Agreement is removed from the Register of Indigenous Land Use Agreements.

Native Title Provisions

The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.

This means that the ILUA does not:

- provide consent for the doing of any acts by
non-native title parties;

- affect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.

Background to the Agreement:

Native Title in the ILUA Area

The native title rights of the Pitta Pitta people were recognised on 28 August 2012 over 66 parcels of land near Boulia in the consent determination of Aplin on behalf of the Pitta Pitta People v State of Queensland [2012] FCA 883. The claim area included approximately 30,000 square kilometres near the Queensland/Northern Territory border and about 200 kilometres south of Mt Isa. The determination area is centred on the township of Boulia and includes land in the shire councils of Boulia, Cloncurry, Diamantina and Winton. 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.

The non-exclusive native title rights that were recognised in relation to land include:
- the right to access and camp on the area;
- the right to hunt and gather on the area for non-commercial, personal, domestic, social, cultural and communal purposes;
- the right to take and use natural resources from the area for non-commercial purposes;
- the right to maintain places of importance and areas of significance to the Native Title Holders under their traditional laws and customs and protect those places and areas from physical harm;
- the right to conduct ceremonies on the area;
- the right to teach the physical and spiritual attributes of the area; and
- the right to light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.

In relation to water in parts of the Determination Area the following non-exclusive rights apply:
- to hunt, fish and gather from the water for personal, domestic, social, cultural and non-commercial communal purposes; and
- to take and use the water for personal, domestic and non-commercial communal purposes.





Related Entries

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

  • Documents

    Map
    Pitta Pitta People/Warra Indigenous Land Use Agreement (ILUA) - Map - ( PDF)
    Pitta Pitta People/Warra Indigenous Land Use Agreement (ILUA) - Extract - ( 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) | Native Title (Australia) | Native Title Determination (Australia) | Lease | National Native Title Tribunal (NNTT) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Registers

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