Wik & Wik Way People and Kendall River Pastoral Indigenous Land Use Agreement (ILUA)
|Date: ||8 February 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Weipa, Cape York Peninsula |
|State/Country:||Queensland , Australia|
|The ILUA is located within the determination area of Wik and Wik Way Native Title Claim Group v State of Queensland  FCA 1096.
This ILUA covered land and waters of about 2712 sq km over Lot 653 on Plan SP178000 being Kendall River Pastoral Holding between the Archer and Holroyd Rivers on Cape York Peninsula.
The agreement area is located within the Cook Shire Council. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 February 2013. |
|Legal Reference: ||National Native Title Tribunal File No.: QI2012/081. |
|Subject Matter:||Access | Pastoral Activities|
|Summary Information: |
|The Wik & Wik Way People and Kendall River Pastoral ILUA was agreed between:
- Anthony Kerindun, Victor Kuukumu Lawrence, Hogan Shortjoe and Silas Wolmby on their own behalf and on behalf of the Wik & Wik Way People;
- Ngan Aak-Kunch Aboriginal Corporation RNTBC; and
- John Lynch
on 8 February 2013.
The purpose of the area agreement ILUA is to provide consent for a range of acts, whether or not they are 'future acts', regarding the reduction in the Agreement Area.
|Detailed Information: |
|Details of the Agreement
The NNTT Extract notes that Clause 6 of the Agreement provides for a reduction in the Agreement Area.
It states that where a lease or part of a lease in the agreement area is:
- surrendered or expires and where that area of the agreement is not intended to continue to be used for pastoral purposes or
- it is transferred so that the provisions of sections 47 or 47A of the Native Title Act 1993 can be relied upon which state that prior extinguishment of native title rights can be disregarded in the case of a pastoral lease or a reserve
then the agreement area shall be reduced by the area of land and waters in the agreement area to
which the Lease no longer applies or to which the transfer of the Lease applies.
Further the ILUA states that if all of the Native Title rights and interests in relation to part of the agreement area are validly compulsorily acquired, then the agreement area shall be reduced to the extent to which the Native Title rights and interests have been compulsorily acquired.
The Agreement was registered on 8 February 2013. The Agreement does not specify an expiration date.
Clauses 1 - 4, 7.2 and 16 - 26 of the ILUA commenced on 30 August 2012. The remaining clauses of the Agreement commenced on the Determination Date of Wik and Wik Way Native Title Claim Group v State of Queensland  FCA 1096, being 11 October 2012.
i>Native Title Provisions
The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.
This means that the ILUA does not:
- provide consent for the doing of any acts by
non-native title parties;
- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor
- validate any previous future acts.
Native Title in the ILUA Area
The agreement area is subject to the decision of Wik and Wik Way Native Title Claim Group v State of Queensland  FCA 1096. This consent determination recognised non-exclusive native title rights over 4,500 square kilometres of land and waters. The determination area comprised several separate pastoral leases known as the Watson River Lease, the Kendall River Lease, the Piccaninny Plains Lease, the Leconsfield Lease (also known as the Crystalvale Lease) and the Merluna Lease which is the subject of this area ILUA.
The Wik & Wik Way People possess native title rights over more than 28,000 around Aurukun and Weipa.