ATNS - Agreements, Treaties and Negotiated Settlements project

Back to search results

Print this page
Eastern Kuku Yalanji Aboriginal Land Dealing Indigenous Land Use Agreement (ILUA)
Date:	26 April 2013
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Cape Tribulation
	Click this link to search this location with google maps
State/Country:	Queensland, Australia
	Click this link to search this location with google maps
	This agreement covers about 2,234 sq km and is located between Mossman and Cooktown in the vicinity of Cape Tribulation.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 April 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No: QI2012/094
Subject Matter:	Future Act \| Native Title
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.094/ILUARegisterExport.pdf
Summary Information:
The Eastern Kuku Yalanji Aboriginal Land Dealing Indigenous Land Use Agreement (ILUA) was entered between the following parties: - Jabalbina Yalanji Aboriginal Corporation RNTBC (JYAC) - Jabalbina Yalanji Land Trust (JYLT) - Francis Walker on behalf of the Eastern Kuku Yalanji People The purpose of this area agreement is to provide consent for a range of future acts.
Detailed Information:
Details of the Agreement The agreement was entered between the parties so as to give consent on relevant acts and agree not to challenge the validity of the relevant acts at any time. As per the agreement, relevant acts refer to the following: the grant of a lease or licence of Aboriginal land by JYLT in the agreement area; the creation of an easement over Aboriginal land by JYLT in the agreement area; an associated activity on Aboriginal land authorised by JYLT in the agreement area; and an associated activity in the agreement area for which JYAC has given its written approval. Associated activity as per the agreement refers to: an activity on a lease, licence or easement granted by JYLT associated with the construction or operation of infrastructure with the purpose for which the lease, licence or easement is granted including survey activities and geotechnical investigation; the grant of any licence, permit or authority reasonably necessary; the surrender or transfer of a lease, licence or easement; the mortgage of a lease; an activity reasonably necessary for the use and enjoyment of a lease, licence or easement granted by JYLT in accordance with its terms on the area of the lease, licence or easement or land adjoining the lease, licence or easement within the agreement area. Commencement The agreement commences on the date it is executed by all the parties involved. Native title provisions Future Act: The parties consent to all relevant acts also including future acts. Right to Negotiate: The right to negotiate does not apply to the relevant acts. Non-Extinguishment: The principle of non-extinguishment applies to the relevant acts. Native Title in the ILUA Area The Eastern Kuku Yalanji people's native title determination (QC94/13) was recognised on 9 December 2007. Under the determination, Jabalbina Yalanji Aboriginal Corporation holds native title on behalf of the Eastern Kuku Yalanji people over 126,900 hectares of land between Mossman and Cooktown in Far North Queensland.