Wuthathi Land Transfer Indigenous Land Use Agreement (ILUA)

Cape York. The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 7 March 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Wuthathi Land Transfer Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

The agreement area covers about 1184 sq km, on the eastern side of Cape York Peninsula, approximately 200 km north of Lockhart River, in the vicinity of Shelbourne Bay including Saunders Islands National Park and Sir Charles Hardy Group National Park.

The purpose of the agreement is to grant the proposed Aboriginal Land Act 1991(Qld) Area as Aboriginal Land to the Wuthathi Aboriginal Corporation, the dedication of Cape York Peninsula Aboriginal Land (CYPAL) Areas as national park, and to give effect to an Indigenous Management Agreement over the proposed National Park (CYPAL) Areas.

The Native Title Representative Body for this area is the Cape York Land Council Aboriginal Corporation.

Details of the Agreement:

Commencement:

This agreement commences on the date which the last party executes it, except for the following clauses which commence on the date the agreement is registered on the Register of Indigenous Land Use Agreements:

• Clause 4 - Consent to and validating of the agreed acts;
• Clause 8 - Compensation;
• Clause 9 - Release, waiver and indemnity.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the doing of the agreed acts.

Future act provisions

This agreement provides consent to the doing of all acts necessary to give effect to the Indigenous Management Agreement, including:

• the grant of the proposed Aboriginal Land Act 1991 (Qld) Area (ALA Area) as Aboriginal Land to the Wuthathi Aboriginal Corporation RNTBC (the Corporation) under the Aboriginal Land Act 1991(Qld) (the ALA);
• the State and the Corporation entering, being bound by and complying with the Indigenous Management Agreement;
• the doing of all acts in the proposed National Park Cape York Peninsula Aboriginal Land (CYPAL) Areas covered by the Indigenous Management Agreement in accordance with the procedures in that agreement;
• the Corporation granting an easement to the State for access to the proposed National Park (CYPAL);
• the Corporation constructing and maintaining the funded infrastructure on the proposed ALA Area;
• the Corporation constructing and maintaining access tracks on the proposed ALAArea;
• the registration and grant of a carbon abatement interest (as meant within the Land Title Act 1994 (Qld)and the Land Act 1994 (Qld)), including any interest that grants the right to deal with carbon abatement products, or the declaration of an eligible offsets project over the proposed ALA Area;
• the creation of any management instrument over the CYPAL Areas subject to the terms of the Indigenous Management Agreement;
• the future grant of any part of the esplanade area as Aboriginal Land to the Corporation under the ALA;
• the creation, authorisation, granting, renewal or amendment of a valid lease, agreement, licence, profit à prendre, permit or other authority over the proposed ALA Area by the Corporation;
• the creation, authorisation, granting, renewal or amendment of a valid lease, agreement, licence, permit or any other authority under Section 42AD, Section 42AE, of the Nature Conservation Act 1992 ;(Qld) over the National Park (CYPAL) by the State, subject to the written consent of the relevant Corporation and any other processes required under the Indigenous Management Agreement; and
• any activity associated with a valid lease, agreement, licence etc (as above) over Aboriginal Land that is consistent with the purpose of the relevant lease, agreement, licence etc.

Native Title in the Agreement Area

For information about native title in this area, see the native title consent determinations recognised by the Federal Court in the following proceedings:

• Johnson Chippendale & Ors On Behalf of the Wuthathi People #2 (Wuthathi People #2) (Federal Court FileNo.: QUD6022/2002; NNTT File No.: QCD2015/005);
• Phillip Wallis & Ors On Behalf of the Wuthathi, Kuuku Ya'u & Northern Kaanju Peoples (Wuthathi, Kuuku Y'au & Northern Kaanju People) (FCA File No.: QUD6023/2002; NNTT File No.: QCD2015/004).

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