ATNS - Agreements, Treaties and Negotiated Settlements project

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Southwell Holding Native Title Indigenous Land Use Agreement (ILUA)
Date:	24 March 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Cape York Peninsula
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State/Country:	Queensland, Australia
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	The ILUA area is located on the west coast of the Cape York Peninsula, in the Cook Shire Council and the Peninsula Regional Council. The ILUA covers the land and waters subject to Lot 1 on Plan LK4. This is known as the Southwell Pastoral Holding. The Agreement Area will be reduced if Native Title rights and interests are affected in any of the ways that can cause the ILUA to expire (see above).
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No.: QI2004/04
Alternative Names:	Southwell Holding Native Title Agreement
Subject Matter:	Native Title \| Recognition of Native Title or Traditional Ownership \| Recognition of Traditional Rights and Interests \| Pastoral Activities \| Native Title \| Consultation \| Land Use \| Implementation
Summary Information:
The Southwell Holding Native Title Indigenous Land Use Agreement (ILUA) was signed to establish an arrangement of 'working co-existence' between native title parties, pastoral lessees and the government. It provides guidelines for the parties to arrange land access and to conduct activities under their respective titles, rights and interests in the ILUA area. This ILUA has been registered in conjuction with the Wik & Wik-Way and Cook Shire Council ILUA and the Strathburn Holding and Holroyd River Holding Native Title Agreement ILUAs to bring into effect the Wik Peoples v State of Queensland [2004] FCA 1306 consent determination.
Detailed Information:
The objective of this ILUA is to record an arrangement between the Lessee and the Native Title Holders that: - develops good and enduring relationships with respect to use and enjoyment of the area; - actively develops and maintains good communication, awareness, understanding and respect for the above purpose; and - reduces the possibility of disharmony between them. The ILUA will expire if any of the following events occur - the Lease is surrendered, resumed, expires or is determined (other than in accordance with the Native Title Act 1993 (Cth) or the Land Act 1994 (Qld)) in circumstances where the whole of the Agreement Area is intended to not be subject to interests which permit the use of the area for Pastoral purposes; - a transfer of the Lease is registered such that s 47 or s 47A of the Native Title Act 1993 (Cth) could, in the absence of a determination in the area, be relied on for the whole agreement area; or - all native title rights and interests are subject to valid compulsory acquisition.