Currawinya & Lake Bindegolly National Parks Agreement Indigenous Land Use Agreement (ILUA)
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Queensland , Australia|
|The ILUA area is outlined in Schedule 1 of the ILUA Extract. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 January 2016. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2015/076. |
|Subject Matter:||Access | Native Title|
|Summary Information: |
|The Currawinya & Lake Bindegolly National Parks Agreement Indigenous Land Use Agreement (ILUA) is an Area Agreement between:|
- State of Queensland (applicant);
- Elizabeth McNiven, Dinny McKellar, Carolyn Hooper, Phillip Eulo, Margaret Hearn and Melissa Bryan on their own behalf and on behalf of the Budjiti People; and
- Budjiti Aboriginal Corporation.
The purpose of the ILUA is not clear from the ILUA Extract. However, considering the name and agreement area, it is presumably concerns rights and interests in relation to Currawinya and Lake Bindegolly National Parks.
|Detailed Information: |
| Commencement |
This ILUA was registered with the Register of Indigenous Land Use Agreements on 5 January 2016.
The ILUA Extract does not provide a specific start or end date for the agreement.
The ILUA Extract does state, however, that clauses 1 (definitions), 2 (interpretation), 3 (commencement and expiry), 4 (authority) and 12 (registration as an Area Agreement) commence on the execution date, being 13 June 2015.
The remaining clauses of this ILUA commence on registration, being 5 January 2016.
In regard to each of the parcels comprising the New National Park Area, this ILUA commences following the latter of:
- registration; and
- dedication of that parcel as National Park.
Subject to clauses 3.5 to 3.9, this ILUA is to continue in force in perpetuity.
Native Title Provisions
The ILUA Extract provides no information in regards to the substance of the agreement.
Native Title in the ILUA Area
The ILUA area falls within the Budjiti People native title application QI2015/066.
In McKellar on behalf of the Budjiti People v State of Queensland  FCA 601 the Federal Court of Australia determined that the Budjiti People hold non-exclusive native title rights over the entire determination area.