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Northern Cape York Group #1 State Protected Areas Indigenous Land Use Agreement (ILUA)

Date: 17 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Located in the vicinity of Bamaga in the Cape York Peninsula
State/Country:Queensland, Australia
The Agreement Area covers about 3000 sq km of Cape York Peninsula, about 100km SE of Bamaga in the State of Queensland. The Agreement Area includes all lands and waters in the following three (3) parts: - Part 1 - Part of Heathlands Regional Park (Part of Lot 3 on JD8); - Part B - Part of Jardine River National Park (Part of Lot 26 on NPW400); and - Part C - Jardine River Regional Park (Lot 1 on SO806056). The Agreement Area does not include the following: - Trochus Island and an unnamed island between the Middle River and the Escape River that forms part of Lot 26 on NPW404; and - the land and waters within the QUD269/2008 Gudang Yadhaykemu People (QC2008/008) native title determination application registered on 3 March 2009.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 March 2015. This is a an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/078
Subject Matter:Access | Management / Administration
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/078
Summary Information:
Northern Cape York Group #1 State Protected Areas Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- State of Queensland, Department of Natural Resources and Mines; and

- Larry Woosup, Asai Pablo, Charles Woosup, Walter Moses, Anzac McDonnell, Francis Brisbane, Meun Lifu, George Pausa and
Bernard Charlie on their own behalf and on behalf of the Northern Cape York #1 Peoples.

Beyond the identified subject matter, the purpose of this Agreement is unclear from the Extract. The Extract lacks extensive information about the provisions of the Agreement.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 26 March 2015.

The Extract does not provide a specific start or end date for the Agreement.

The Extract does note, however, that Clauses:
- 1 (Definitions);
- 2 (Interpretation);
- 3 (Commencement and Expiry);
- 4 (Authority); and
- 11 (Registration as an Area Agreement)

commence on the Execution Date, being 17 October 2014.

The remaining Clauses of the Agreement commence on the Registration Date, being 26 March 2015.

Native Title Provisions

The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.

This means that the ILUA does not:

- provide consent for the doing of any acts by non-native title parties;

- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.

Native Title in the ILUA Area

Related Entries

  • Woosup on behalf of the Northern Cape York Group #1 v State of Queensland (No 3) [2014] FCA 1148
  • Organisation
  • Cook Shire Council
  • Torres Strait Island Regional Council
  • State of Queensland - Signatory
  • Cape York Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Larry Woosup, Asai Pablo, Charles Woosup, Walter Moses, Anzac McDonnell, Francis Brisbane, Meun Lifu, George Pausa and Bernard Charlie on their own behalf and on behalf of the Northern Cape York #1 Peoples - Signatory

  • Documents

    Northern Cape York Group #1 State Protected Areas Indigenous Land Use Agreement (ILUA) Map and Written Description - ( PDF)
    Northern Cape York Group #1 State Protected Areas Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal Corporation (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Registers | Native Title Determination (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | National Park

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