Emuford Battery Indigenous Land Use Agreement (ILUA): John Fitzgerald and Bar Barrum People
|Date: ||6 March 2013|
|Date To: ||6 March 2018|
|Place:||In the vicinity of Emuford.|
|State/Country:||Queensland. , Australia|
|The agreement area covers that area subject to the Emuford Battery Mining Leases described as Lot 3795 and 3831, excluding that area identified as closed road, on DP248389. This description is contained in Schedule 1. The area covered by these Lots is approximately 3.8 hectares and is located 27 kilometres north east of the town of Mount Garnet in north east Queensland.
The agreement area is located near the south-western edge of the Atherton Tableland and falls within the Tablelands Regional Council.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 November 2013. |
|Legal Reference: ||National Native Title Tribunal File No.: QI2013/033|
|Subject Matter:||Exploration | Future Act | Mining and Minerals | Native Title | Native Title - Extinguishment|
|Summary Information: |
|The Emuford Battery Indigenous Land Use Agreement (ILUA): John Fitzgerald and Bar Barrum People is a Body Corporate Agreement between:|
- State of Queensland, Aboriginal and Torres Strait Islander Land Services Department of Natural Resources and Mines(applicant);
- the Bar-Barrum Aboriginal Corporation RNTBC;
- John James Fitzgerald; and
- Thomas Congoo and John Edward Wason on their own behalf and on behalf of the Bar Barrum People.
The purpose of this body corporate agreement is to provide the parties' consent to the extinguishment of native title over the land covered by the ILUA and the doing of certain future acts.
|Detailed Information: |
|Details of the agreement|
This ILUA was registered with the National Native Title Tribunal on 19 November 2013. The Agreement will operate for a period of five years, with the start date being 6 March 2013 and the end date being 6 March 2018. This is subject to the exception of Clause 8.2 which remains in force indefinitely. The ILUA commences on the date of execution except for Clause 5 which commences on 19 November 2013.
Terms of the agreement
The Agreement provides the consent of the Prescribed Body Corporate to the surrender of native title by the Bar-Barrum People to the State of Queensland for the purpose of extinguishment. This will allow for John James Fitzgerald to be issued with a Deed of Grant in fee simple under the Land Act(Qld) for the land covered by this ILUA.
The Prescribed Body Corporate also consents to the doing of future acts described in Clause 6:
- Approval of the Governor in Council will be sought by the State of Queensland for the grant in fee simple to John James Fitzgerald after 19 November 2013; and
- John James Fitzgerald will pay all costs associated with the grant in fee simple.
Native Title Provisions
Right to negotiate provisions do not apply
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.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
Background to the Agreement:
Native Title in the ILUA Area
The Bar-Barrum people are referred to in Congoo v State of Queensland  FCA 868 as those people who hold native title and a common body of traditional law and culture within a determined land area. They have cultural and geographic association with areas including a native title area of approximately 357 square kilometres in the area of the Herberton and Mareeba Shire Councils on the Atherton Tablelands in Far North Queensland. More specifically, the claim area comprises 25 unallocated State land tenures and two reserves within an area from Petford to Herberton, across the ridge of the Great Dividing Range, south of Dimbulah and Mutchilba and south-west of the Atherton Tablelands.
The Bar-Barrum people are represented by the Bar-Barrum Aboriginal Corporation for the purposes of management of their native title interest.