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Archer Point Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 June 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Archer Point, Far North Queensland, Queensland, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:

"Agreement Area" means the land described as lot 34 on SP105905, lot 14 on SP189921, lot 46 on SP117034, lot 110 on SP116568, lot 71 on C15742, lots 10 and 11 on AP14384; lots 12, 14, 15 and 16 on AP14378, lot 53 on SP18992, lot 10 on SP171856, lot 7 on SP171858, lots 3 and 4 on SP171859, an area of 10.12 hectares contained within stations 28. 33. 27. 26. 25. 32. 31. 30. 29. 28 on SP171858.

The area of the ILUA also falls within the jurisdiction of the Cairns & District Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29 June 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2006/054
Subject Matter:Access | Environmental Heritage | Native Title
Summary Information:
The Archer Point Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland (APPLICANT) and Adelaide Baird, Irene Bowyer, Sonya Doughboy, Steven Doughboy, Larrisa Hale and Joyce Henderson ('The Archer Point Applicants') on 29 June 2007. The purpose of the ILUA is to provide for access and co-management of the land that is the subject of this ILUA, including the establishment of a national park. The ILUA was registered on 29 June 2007, and does not have a stipulated period of operation.
Detailed Information:
The parties to the ILUA consent to:

  • the designation of certain land as Aboriginal Land Act 1991 (Qld) land, to be transferred to the indigenous owners as Aboriginal freehold title;
  • the dedication, use and management of certain lands as national park, resources reserve and nature refuge under the Nature Conservation Act 1992;
  • the dedication, use and management of certain lands as reserves for community purposes under the Land Act 1994; and
  • the granting of an authority to investigate the possibility of establishing a wind farm over certain land.

    The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

    According to the Australian Conservation Foundation, this ILUA means that 'significant coastal ecosystems are being protected today…the involvement of traditional owners in the future management of this land will benefit local communities and the whole of Queensland' (Australian Conservation Foundation).

    This agreement is in accordance with the Cape York Heads of Agreement (see below for further information).

  • Related Entries

    Agreement
  • Cape York Peninsula Heads of Agreement
  • Organisation
  • Cairns and District Regional Council
  • Cook Shire Council
  • Cape York Land Council Aboriginal Corporation
  • State of Queensland - Signatory
  • Australian Conservation Foundation
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Adelaide Baird, Irene Bowyer et al - Signatory

  • References

    General Reference
    Australian Conservation Foundation National Park at Archer Point a great step, but will it be Cape York's last?
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

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

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