Portland Roads Indigenous Land Use Agreement (ILUA)
|Date: ||19 October 2009|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Cape York Peninsula|
|The ILUA area consists of a number of islands (including the Forbes Islands, the Piper Islands, Kay inlet, Sandy Islet, Rocky Island, Pigeon Island, Restoration Island and Quoin Island) and a portion of the mainland at Portland Roads, located on Cape York Peninsula approximately 160 kilometres west of Weipa. The ILUA area totals approximately 1296 hectares. The ILUA area is located within the jurisdiction of the Cook Shire Council. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 October 2009. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. QI2008/029.|
|Subject Matter:||Access | Consultation | Local Government | Native Title|
|Summary Information: |
|The Portland Roads Indigenous Land Use Agreement (ILUA) was agreed between:
- Mr Albert Doctor, Ms Deborah Hobson, Mr Donald Hobson, Ms Ivy Hobson, Ms Lorraine Clarmont, Ms Lucy Hobson on their own behalf and on behalf of the Kuuku Ya'u People; and
- Cook Shire Council
The Portland Roads ILUA recognises the native title rights and interests of the Kuuku Ya'u People to a parcel of land on Cape York Peninsula and a number of islands off the coast of Cape York Peninsula Peninsula. It also provides a framework governing how Cook Shire Council will carry out its responsibilities in the ILUA area.|
|Detailed Information: |
|Consent to the continued operation, use and maintenance of specified infrastructure
The parties consent to the continued operation, use and maintenance of Council 'Non-Extinguishing Infrastructure'. They also consent to the use of land on which such infrastructure is built or land (or waters) adjacent to the infrastructure.
Infrastructure will be deemed to be 'Non-Extinguishing Infrastructure' where:
- it was constructed on or before the commencement date of the ILUA (not specified on the National Native Title Tribunal ILUA Register Extract)
- it was not validly constructed on or before 23 December 1996 (the date of the decision in The Wik Peoples v The State of Queensland & Ors; The Thayorre People v The State of Queensland & Ors  HCA 40); and
- it does not constitute a public work (as defined in the Native Title Act 1993 (Cth))
Infrastructure will be ‘Extinguishing Infrastructure’ where:
- it was validly constructed on or before 23 December 1996; and
- it constitutes a public work (as defined in the Native Title Act 1993 (Cth))
The parties consent to the dedication of prescribed land for use as public roads to be operated and maintained by the Council.
The parties consent to the Council’s dedication, management and use of land defined in the ILUA as Reserves. A list of that land defined as ‘Reserves’ is provided in the ILUA Register Extract.
Consent to the doing of ‘Approved Future Acts’
The parties consent to the doing of 'Approved Future Acts'. Future Acts will become Approved Future Acts where they meet a set of procedural steps. The steps are listed below:
- The Council must provide a 'Proposed Activity Notice' or a ‘Revised Activity Notice’ to the native title parties, and
- The native title parties must provide a 'Concurrence Notice' to the Council in response to the 'Proposed Activity Notice'.
Alternatively, the native title parties may be deemed to have given their consent in certain circumstances, even if they have not provided a Concurrence Notice.
Consent to the doing of ‘Minor Works or Activities’
The parties also consent to the performance of acts defined as ‘minor works and activities’. Details of what constitutes a minor work have not been provided on the ILUA Register Extract.
The performance of such activities is regulated by separate procedural conditions. Details of these procedural conditions have not been provided on the ILUA Register Extract.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of the lease.
The Portland Roads Indigenous Land Use Agreement (ILUA) is one of three ILUAs negotiated by the Kuuku Ya'u People following the registration in June 2009 of a consent determination recognising their native title rights and interests in relation to land and coastal waters on and adjacent to Cape York Peninsula:
"the Portlands Roads ILUA [was negotiated] with the Cook Shire Council regarding how the council will carry out its responsibilities in the determination area. It provides a framework for communicating with the Kuuku Ya'u People leading to more effective delivery of local government services." (National Native Title Tribunal, Kuuku Ya'u People's native title determination, 2009, p. 3)
For information on the consent determination and the other ILUAs negotiated by the Kuuku Ya'u People follow the links below.|