Iron Range, Portland Roads and Islands Indigenous Land Use Agreement (ILUA)

Eastern Cape York

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 575 square kilometres in the vicinity of Portland Roads which includes the Kutini-Payamu (Iron Range) National Park (Cape York Peninsula Aboriginal Land), adjacent lands, and Quoin, Forbes, Piper, Restoration, Rocky and Pigeon Islands. Schedule 1 provides a list of the lots in the agreement area, and maps and sketches of the area are contained in Sketch Maps 1, 2 and 3 and Schedule 2.  For more information see the documents attached.

The area is within the jurisdiction of the Lockhart Aboriginal Shire and Cook Shire Councils.

Registered on the Register of Indigenous Land Use Agreements on 6 February 2012.  This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Iron Range, Portland Roads and Islands Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between the following parties:

• the State of Queensland;
• Greta Accoom;
• Ivy Hobson;
• Jasmine Ray Accoom;
• Lucy May Hobson; and
• Northern Kuuku Ya'u Kanthanampu Aboriginal Corporation RNTBC

The purpose of the ILUA is to provide consent for the granting of certain areas as Aboriginal Lands to the Northern Kuuka Ya'u Kanthanampu Aboriginal Corporation RNTBC Land Trust, and their dedication as national park areas and a nature refuge area. The ILUA also provides consent for the surrender of any native title over other certain areas to be reserved for land management purposes, a rubbish dump, and roads.

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

Background to the Agreement 

One purpose of this ILUA was to allow for the creation of the Kutini-Payamu (Iron Range) National Park. Significantly, this national park includes one of the largest remaining areas of lowland rainforest in Australia and is jointly managed by the Northern Kuuku Ya'u Kanthanampu Aboriginal Corporation RNTBC Land Trust and the Queensland Government (Queensland Government).

Commencement and Termination

The agreement commenced on 28 July 2011 when signed by all parties. It has effect as an ILUA and in relation to the agreed acts from its registration on 6 February 2012. Whilst registered on the Register of ILUAs, it is binding on all Kuuku Ya'u (Kungkay and Kanthanampu) People in the same way that it binds the native title parties.  

No end date is specified in the Extract.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions in Part 2 Division 3 Subdivision P of the Native Title Act 1993 do not apply to the acts agreed to under this ILUA. 

Extinguishment

Apart from the intended extinguishment of native title over Lot 21 on SP241413 (the Proposed Portland Roads Rubbish Dump), the non-extinguishment principle applies to any grant or agreed act or the undertaking of any aspect of the agreement. This means that under s 24EB(3) of the NTA any such activity which may be inconsistent with native title rights and interests does not extinguish these rights and interests, instead, they are revived when the activities are finished.

Future act provisions

The parties agreed to the doing of various acts, as follows, in relation to the area to which this ILUA applies, including the validating of any agreed invalid act done prior to the registration date (6 February 2012):

• the surrender of any native title rights and interests that may exist in Lot 21 on SP241413 (the Proposed Portland Roads Rubbish Dump);
• the State paying full and final compensation to the Land Trust or the Northern Kuuku Ya'u Kanthanampu Aboriginal Corporation RNTB, on behalf of the Kuuku Ya'u (Kungkay and Kanthanampu) People, for the doing or validating of the agreed acts;
• if the Minister for the Aboriginal Land Act 1991 (the ALA) (the Minister) is satisfied that the Proposed ALA Areas (see Schedule 2) should be granted as Aboriginal Land to the Northern Kuuka Ya'u Kanthanampu Aboriginal Corporation RNTBC Land Trust (Land Trust), and the Land Trust has entered into a related indigenous management agreement, then the Minister will direct that the proposed areas be granted as Aboriginal Land, according to s 27 of the ALA, to the Land Trust according to s 28 of the ALA;
• the native title parties will use their best efforts to have the Land Trust enter into an indigenous management agreement for the Proposed National Park Cape York Protected Aboriginal Land (CYPAL) Areas and the Proposed Additional National Park (CYPAL) Areas and a conservation agreement for the Proposed Nature Refuge Area (see Schedule 1 for a written description of these areas, and Sketch Maps 1, 2 and 3 of Schedule 1 for colour coded maps of the areas);
• once the indigenous management agreements and the conservation agreement are completed, and the Land Trust and the Minister for the Nature Conservation Act 1992 (Qld) (the NCA) agree that the Proposed National Park (CYPAL) Areas are to be managed as national parks, then the Minister must recommend that the areas become Aboriginal land, subject to conditions that they are also dedicated as national park (CPYAL) land and as a nature refuge under the NCA;
• the native title parties agree not to exercise native title rights and interests except in accordance with the conditions of the conservation agreement and the indigenous management agreement;
• the Department applying to the Minister for the dedication of the Proposed Reserve Areas as reserves under the Land Act 1994 (Qld);
• the Department facilitating the granting of freehold over the Proposed Rubbish Dump Area to the Cook Shire Council; and
• the State declaring any land in the Esplanade Area as Aboriginal Land under the ALA if it is no longer required as a road and becomes unallocated State land.

For further information, see the Native Title Tribunal Extract and Schedule 2. 

Native Title in the Agreement Area

At the time this ILUA was made in 2011, the area had not been subject to a native title determination. However, in 2014, it was included in the Cape York United #1 Claim (FCA file no.: QUD673/2014) which the Federal Court split into nine claim areas, to reflect the connection of nine Traditional Owner groups and to provide better case management over what was the largest native claim ever negotiated in Queensland.

In relation to the area covered by this ILUA, the Federal Court in 2021, handed down two determinations recognising the Kuuka Ya'u and the Northern Kaanju People's native title over two distinct areas to which this ILUA applies (Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 3) [2021] FCA 1464 and Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 6) (Northern Kaanju determination) [2022] FCA 770).

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