Topsy Creek Barge Ramp Project Indigenous Land Use Agreement (ILUA)

Cape York

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 18 May 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Topsy Creek Barge Ramp Project Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Kowanyama Aboriginal Shire Council and the Abm Elgoring Ambung Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC').

The agreement area covers about 0.4 hectares within Lot 20 on SP224321. It is located between the eastern bank of the Topsy Creek and the Topsy Road, about 7.2 km northwest of the town of Trebanaman.

The purpose of the agreement is to provide consent for the construction and establishment of the Barge Ramp on the eastern bank of the Topsy River.

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

Agreement area:

The agreement area covers about 0.4 hectares within Lot 20 on SP224321. It is located between the eastern bank of the Topsy Creek and the Topsy Road, about 7.2 km northwest of the town of Trebanaman.

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per schedule 2 of the agreement, as part of Lot 20 on SP224321. For more information, see the documents attached below.

Commencement and Termination:

The agreement commenced on 22 January 2018 (the date that it had been signed by all the parties). It has effect as an ILUA from the date that it was entered onto the Register of Indigenous Land Use Agreements, 18 May 2018. The parties may end the ILUA by written agreement.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title act 1993 (Cth) apply to the acts agreed to under this ILUA.

Extinguishment

Any acts done by non-native title parties under this agreement will not extinguish native title rights and interests.

Future act provisions

The parties consent to any activities in relation to the construction and establishment of:

• the Barge Ramp and hardstand area;
  
• the surrender of the road opening area (shown as "New Road" on schedule 1 map);
• any other activity, including surveys, geotechnical investigations, grants of any authorisations including making a development application and approval, clearing land, and using the Topsy Turvy Bridge.
  

Native Title in the Agreement Area:

The agreement is within the area of the Kowanyama People's native title recognised in the Federal Court of Australia ('FCA') proceeding Kowanyama People v State of Queensland [2009] FCA 1192 (FCA file no.: QUD6119/1998; NNTT file no.: QCD2009/003).

Related Entries

Documents

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