Kowanyama Pastoral Area Indigenous Land Use Agreement (ILUA)
|Date: ||5 June 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Cape York Peninsula |
|The Agreement Area covers about 16,488 sq km approx. 150 km northeast of Normanton in the State of Queensland.
The Extract notes that there are two primary parcels of land the subject of the Agreement. The complete details of these two areas is outlined in the Extract. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 June 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2013/007 |
|Subject Matter:||Access | Pastoral Activities|
|Summary Information: |
|The Kowanyama Pastoral Area Indigenous Land Use Agreement (ILUA) was agreed between:
- the State of Queensland acting through the Department of Natural Resources and Mines;
- Gary Hudson, Evans Josiah, Griffith Patrick, Dennis Michael, Glenette Greenwool, Ravin Greenwool, Jenny Paul, Donna Brumby,Priscilla Major,Roslyn Gilbert, Una Claude, Corrine Daniel,
Kelvin Greenwool, Douglas Eric,Teddy Bernard, Rosemary Henry, Christopher Henry, Roger Inkerman, Lyndell Michelle Anne Jimmy,
Roy Dennis Maggable, Hazel Paul, Angela Fiona Edwards, Shaun Kalk Edwards, May Edwards, Lindsay Edwards, Glennis Rose Mudd, Shenane Jago, Colin Lawrence, Arthur Luke, Christine
Lawrence, Ivan Jimmy, Shirley Yam, Maria Dick, Robert Holness, on their own behalf and on behalf of the Kowanyama People;
- the Abm Elgoring Ambung Aboriginal Corporation;
- MDH Pty Ltd;
- Douglas Anthony Price; and
- Harvest Home Holdings Pty Ltd
on 5 June 2013.
The Extract does not include clear information regarding the purpose of this area agreement ILUA. |
|Detailed Information: |
This ILUA was registered with the National Native Title Tribunal (NNTT) on 5 June 2013.
The Extract notes the start date of the ILUA as 12 December 2012. No end date is specified in the Extract.
Clause 4.1 of the Agreement states that the Agreement comes into effect on the Execution Date, being 12 December 2012. This is subject to Clause 4.2, which provides that Clauses 5 (but not Clause 5.3) and 9 commence on the Date of Registration, being 5 June 2013.
The Extract notes Clause 4.3 of the Agreement which states that the Agreement is able to be terminated by written agreement executed by each party.
Native Title Provisions
The Extract notes Clause 5.1 of the Agreement, which states that the parties consent to the doing of Agreed Acts within the ILUA Area.
'Agreed Acts' is defined in Clause 1 of the Agreement as: "all acts done in accordance with Clause 6 which relates to regulation of the exercise of the right to live in the agreement area."
Under Clause 5.5 of the Agreement, Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) does not apply. This means the parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Native Title in the ILUA Area
The Kowanyama People hold native title rights over about 2,731sq km of land and waters in south-western Cape York. On 22 October 2009, Justice Andrew Greenwood of the Federal Court of Australia made a consent determination recognising the Kowanyama People’s native title rights including:
exclusive native title rights over about 2,518sq km of Deed of Grant in Trust land
non-exclusive native title rights over about 213sq km of sea, beach and tidal areas.
The name ‘Kowanyama’ means ‘the place of many waters’ and the area includes the Mitchell River System which has a tidal ecosystem where seasonal watering occurs over 40km. The significant wetlands area continues to be used and monitored and managed by the traditional owners.|