Peninsula Development Road Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as those parts of the lands and waters within the Cape York United Number 1 Claim (QC2014/008) that fall within the described external boundary.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 11 July 2017.

This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Peninsula Development Road Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 Cth), between:

• Michael Ross, Silva Blanco, James Creek, Jonathan Korkaktain, Reginald Williams, Wayne Butcher, Clarry Flinders, Philip Port and Hogan Shortjoe
• the Cape York Land Council Aboriginal Corporation; and
• the State of Queensland.

The area covers approx. 6,166 sq km, extending about 500 km south westerly from about 35 km east of Weipa to 85 km north west of Mossman, along the Cape York Peninsula.

This ILUA, between traditonal owners and the State of Queensland, allows the State to conduct priority road works on the Peninsula Development Road (Department of Transport, Peninsula Development Road Agreements p. 1).

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

Commencement:

The agreement commenced on the day that the last party signed it (not specified in the EXtract). However, clauses 9, 11, 12, 14.2 and 20 commenced on 11 July 2017 (the registration date).

Termination:

The agreement operates indefinitely, unless terminated at any time by the written agreement of the parties.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions laid out in the Native Title Act 1993 (Cth) are not applicable to the Peninsula Development Road Agreed acts.

Future Act provisions

The parties consent to the doing of the acts agreed to in relation to the State-controlled Peninsular Development Road. These acts include:

• validating any agreed acts done prior to the registration date;
• the onstruction, maintenance, operation, upgrade, use of the Peninsula Development Road;
• road works: including road clearing, construction of culverts, access roads or tracks, drainage inlet and outlet works, pavement investigation, embankment extraction, water extraction from watercourses and sub-surface water, use and construction of water storage sites, installing and maintaining site facilities, hard stand areas and diversion drains, installing, maintaining and operation water bores and roadside rest areas or stopping places, reinstating side drains and structure upgrades, as defined in Schedule 6 of the Transport Infrastructure Act 1994 (Qld);
• accommodation works, as defined in the Transport Infrastructure Act 1994 (Qld); and
• the extraction and use of quarry materials reserved to the State and administered under the Forestry Act 1959 (Qld).

Background to the Agreement:

Prior to the Peninsula Development Road ILUA, an interim agreement (the Peninsula Development Road Priority Agreement) was made between the State of Queensland and the relevant traditional owners in order to allow the State of Queensland to undertake priority works on the Peninsula Development Road whilst an ILUA could be negotiated and finalised (Department of Transport, Peninsula Development Road Agreements p. 1).

Native Title in the Agreement Area:

The agreement area is located within the Cape York United Number 1 Claim Area (FCA file no.: QUD673/2014; NNTT file no.: QC2014/008). As of 27 May 2020, this application is active and no determination of native title has yet been made.

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