Wik & Wik Way and Cook Shire Council Indigenous Land Use Agreement (ILUA)
|Date: ||24 March 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Shire of Cook|
|The ILUA covers all land and waters within the Southwell Pastoral Development Holding and the Holroyd, Coen River and Strathburn Pastoral Holdings. These areas can be identified as:
Lot 1 on Plan Lk4,
Lot 4652 on Plan PH988,
Lot 3819 on Plan PH2262,
Lot 1 on Plan ABL3,
Lot 2 on Plan SP161882,
the part of Lot 8 on Native Title Determination Plan AP9681 that covers Lot 4149 on Plan PH31.
If at any stage, these areas no longer form part of the Shire of Cook, the ILUA area will be reduced to reflect this.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No:. QI2003/00|
|Alternative Names:||Wik & Wik Way and Cook Shire Council Agreement|
|Subject Matter:||Future Act | Housing, Construction and Infrastructure | Implementation | Land Planning | Local Government | Native Title | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|Summary Information: |
|The Wik & Wik Way and Cook Shire Council Indigenous Land Use Agreement (ILUA) clarifies infrastructure and development plans within Wik & Wik Way traditional areas of the Cook Shire Council. The ILUA details the relationship between native title rights and interests and the council's interests, and provides consent to certain 'future acts' in the agreement area.
This ILUA has been registered in conjuction with the Southwell Holding, Holroyd River Holding and Strathburn Holding Native Title Agreements to bring into effect the Wik Peoples v State of Queensland  FCA 1306 consent determination.|
|Detailed Information: |
|Under the agreement, the Native Title Parties consent to certain Future Acts. These include:
- The continued operation, use and maintenance of council infrastructure that has been deemed 'non-Extinguishing' or that was constructed or established on or before the commencement of the ILUA. This includes the operation, use and maintenance of land where council infrastructure is located, or adjacent land, where necessary (Clause 8);
- The operation, maintenance and use of roads for public use that are listed in Schedule 3 of the ILUA (Clause 9); and
- Minor works carried out in accordance with ILUA conditions (Clause 11, Schedule 5).
If the Council wishes to carry out works and activities not listed in the ILUA, they may apply for consent in accordance with the Schedule 4 of the ILUA. This procedure need only be followed where native title has been found to exist (fully or partially) (Clause 10.5).
Under the Native Title Act 1993 (Cth), any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid. The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any Future Acts, or Approved Future Acts, as the alternative consultation provisions are to be followed instead.|