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Sudley Pastoral Holding Use and Access Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 March 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South of Weipa, Queensland, Australia
Sudley Station is a 130,000 hectare property 70 kilometres south of Weipa, located within the Cook Shire Council and the Peninsula Regional Council. The ILUA area covers all the land and waters within the Sudley Pastoral Lease, which comprises Lot 2O on Plan CP907649. However, the area of the Native Title Determination Application Q6014/00 Thanakwithi People (QC00/15) as accepted for registration by the National Native Title Tribunal on 18 October 2002 is excluded from the ILUA.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: QI2004/02
Alternative Names:
  • Sudley Pastoral Holding Use and Access Agreement
  • Subject Matter:Land Transaction | Land Use | Native Title | Pastoral Activities | Recognition of Traditional Rights and Interests
    Summary Information:
    The Sudley Pastoral Holding Use and Access Indigenous Land Use Agreement (ILUA) provides a protocol for the parties for use, access, enjoyment and development within the ILUA area. In 2002, Comalco gifted the Sudley Station Pastoral Lease to traditional owners. In 2004, the lease was sold to the Condon Family. The ILUA was signed to allow traditional owners access to the land. The ILUA also allows for the transfer of land title to create a Community Living Area by providing the Native Title Holders' consent, authorisation and direction to enter into an agistment agreement.

    Under the ILUA, the Native Title Holders consent to:
    1) the re-making, renewal, re-grant or extension of the lease term in accordance with the Land Act 1994 (Qld) and the Native Title Act 1993 (Cth).
    2) Surrender of areas from the pastoral lease for the purposes of granting tenure to trustees or a land trust pursuant to the Aboriginal Land Act 1991 (Qld). The surrendered areas are to be held for the benefit of the Native Title Holders or the Aboriginal people concerned and their descendants.
    3) The grant of freehold or leasehold tenures by the State of Queensland to the above Native Title Holders or Aboriginal people concerned.
    4) On the grant of freehold or leasehold tenures, the Native Title Holders consent and agree to authorise and direct the trustees or the land trust to take such steps as are necessary to enter into an Agistment Agreement with the lessee.

    The parties agree that the non-extinguishment principle applies to any re-making, renewal, re-grant or extension of the lease as contemplated by the agreement. This means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

    The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any acts that have been consented to under this ILUA, as the alternative consultation provisions are to be followed instead.

    The area agreement may be reduced if the Lease is surrendered or resumed, expires or is determined (other than in accordance with the Native Title Act 1993 (Cth) or the Land Act 1994 (Qld)) in circumstances where the whole of the Agreement Area is intended to not be subject to interests which permit the use of the area for Pastoral purposes. The ILUA area shall be reduced by the area of land and waters to which the Lease no longer applies.

    Related Entries

    Agreement
  • Comalco Indigenous Land Use Agreement (ILUA) (Western Cape Communities Co-existence Agreement)
  • Organisation
  • Condon Nominees Pty Ltd - Signatory
  • Cape York Land Council Aboriginal Corporation
  • National Native Title Tribunal
  • Cook Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Eunice Agie and others - Signatory

  • References

    Article
    Comalco (2004) Sudley Sale Goes Through
    AIATSIS Native Title Research Unit (2004) Native Title Newsletter
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Sudley Pastoral Holding Use and Access Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    Glossary

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

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