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Bar Barrum #2-#7 and Tablelands Regional Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 September 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The ILUA area covers approximately 2,926 square kilometres of land and is located about 55 kilometres southwest of Cairns.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 21 September 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal file no: QI2012/056
Subject Matter:Access | Collaboration / Partnership | Health and Community Services | Housing, Construction and Infrastructure | Land Management | Land Planning | Land Use | Leadership | Local Government | Management / Administration | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Bar_Barrum_2_-_7_and_Tablelands_Regional_Council_ILUA_QI2012_056.aspx
Summary Information:
The Bar Barrum #2-#7 and Tablelands Regional Council Indigenous Land Use Agreement (ILUA) is an area agreement between:

- the Tablelands Regional Council (applicant); and

- Bar Barrum People #2 (QUD6015/2001); Bar Barrum People #3 (QUD6017/2001); Bar Barrum People #4 (QUD6030/2001); Bar Barrum People #5 (QUD6031/2001); Bar Barrum People #6 (QUD6032/2001) and Bar Barrum People #7(QUD6033/2001).

The purpose of this agreement is to provide the Tablelands Regional Council with the authority to undertake certain acts and activities in the ILUA area.

Detailed Information:
Details of the Agreement

Commencement

The commencement of the ILUA and the period in which it will operate is not specified in the ILUA extract.

Agreement

The parties to the ILUA agree to any 'low native title impact' activities. These include activities:
- involving the maintenance of infrastructure;
- involving the construction or establishment of infrastructure that have a low impact;
- involving statutory approval by or to the local government;
- involving the making by or to the local government of an interest in land or waters;
- rectifying an invalid past act;
- involving pest control;
- involving local government contractual interests relating to the management or use of land or waters for a public purpose;
- involving the local government operational functions;
- involving access and site investigation;
- involving emergencies;
- involving contractual interests with third parties;
- involving the construction of infrastructure that is decided to be low impact at a Capital Works Forum;
- involving the implementation of an approved management plan.

If the local government satisfied certain conditions, the parties consent to any 'high native title impact' activities. These include activities:
- consisting of the construction or establishment of infrustructure that is not 'low impact';
- involving the granting, issuing or making of a lease other than a 'permitted lease';
- preventing the exercise and enjoyment of native title unless the activity is temporary, undertaking for reasons of public health or safety, done pursuant to a 'permitted lease' or required by law;
- involving the construction or establishment of infrastructure which is decided to be high impact at a Capital Works Forum.

The conditions are that the local government satisfies one of the following:
- gives a compliance notice to the native title party's representative and completes consultation;
- if the activity involves a capital work dealt with at a capital works forum, the local government gives a list of capital works involving the activity and consensus is reached about the activity being carried out.

The parties also agree that certain specified acts 'already done' have been done validly and have not extinguished any native title.

The parties agree to validate any future acts that were done invalidly before the execution date of the ILUA.

Native Title history

The Bar-Barrum People were the unregistered native title claimants in the proceeding Congoo v Queensland [2001] FCA 868 (Federal Court File No. QUD 6222/98), which was finalised with a full approved determination by the Federal Court of Australia on 28 June 2001. This consent determination recognised the Bar-Barrum People as having native title rights and interests over 316.4 square kilometres of land to the west and southwest of Herberton in far north Queensland. It was the first native title determination in Queensland to cover reserves and unallocated State land.

The Bar-Barrum People's native title rights and interests are administered by the Bar-Barrum Aboriginal Corporation, which is a signatory to this ILUA.

Related Entries

Agreement
  • Congoo v State of Queensland [2001] FCA 868 (28 June 2001)
  • Congoo on behalf of the Bar Barrum People #2 v State of Queensland [2016] FCA 693
  • Organisation
  • Tablelands Regional Council - Signatory
  • Legislation
  • Native Title Amendment Act 1998 (Cth)
  • Native Title Act 1993 (Cth)
  • People
  • Bar-Barrum People - Signatory
  • Case Law
  • Congoo v Queensland [2001] FCA 868 (28 June 2001)

  • References

    General Reference
    National Native Title Tribunal (21/09/12) Bar Barrum #2-#7 and Tablelands Regional Council ILUA extract

    Documents

    Document
    Bar Barrum #2-#7 and Tablelands Regional Council ILUA Map - ( 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) | Local Government | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia)

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