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Kalpowar Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 September 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cape York Peninsula, Queensland, Australia
'The agreement area is lots 1, 3, 4, 5 and 7 on SP156403, an area of road to be opened as shown on SP156403, Lot 6 on SP171857 and Lots 2 and 8 on AP12349, as shown on the maps in schedule 1 [of the ILUA]' (NNTT).
Legal Status: Registered on the National Native Title Tribunal R
Legal Reference: National Native Title Tribunal File No: Q12005/028
Subject Matter:Collaboration / Partnership | Environmental Heritage | Land Management | Native Title
Summary Information:
The Kalpowar Agreement was settled in December 2005 and registered on the Register of Indigenous Land Use Agreements in September 2006. It is an authorized area agreement between representatives of the Kalpowar People of Cape York and the State of Queensland Cape York Tenure Resolution Task Force.

The ILUA contains statements to the effect of s 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth).

There is no operation period specified for the ILUA.


The ILUA provides for the following:

a) for the deed of grant to the land trust for an ALA area
b) for the dedication of a National Park
c) declaration of a nature refuge
d) the dedication of a reserve for community purposes
e) entering into a Conservation agreement
f) and other routine activities
g) advisory activities subject to clause 15.2 (of the ILUA)
h) agreement activities subject to clause 15.3 (of the ILUA)
i) construction of infrastructure
j) the road opening
k) and the granting of a license and easement. (NNTT)

According to the Queensland Minister for Environment, Local Government, Planning and Women, a new national park will be created on the Cape York Peninsula while the Kalpowar people will be granted ownership of traditional land in the area. Also, Queensland Parks and Wildlife Service will work together with the Kalpowar owners to jointly undertake land management in the newly protected area.

According to the Minister's Media Release, 192,800 hectares of Aboriginal freehold land will be granted and the new National Park to be created will be the Jack River National Park covering 166,000 hectares.

For a discussion of the general context in which this ILUA was made, see Hafner, Epworth and Salmon (2006).

Related Entries

Organisation
  • State of Queensland - Signatory
  • Queensland Parks & Wildlife Service
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Albert Lakefield, Earnie McGreen, Eric Harrigan, Hans Pearson and Helen Rootsey for and on behalf of the Kalpowar People. - Signatory
  • Kalpowar People - Signatory

  • References

    Book Chapter
    Hafner, D, Epworth, D, & Salmon, M, (2006) 'Planning for Agreement in Cape York Peninsula: The Pastoral Properties Planning Project' in Marcia Langton et al, Settling with Indigenous People: Modern treaty and agreement-making (The Federation Press, 2006).
    Media Release
    The Wilderness Society (15 December 2005) A decade in the making, Cape York agreement delivers Kalpowar for the people and the environment

    Documents

    Map
    Kalpowar Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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