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Melsonby and State Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 July 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Melsonby, Queensland, Australia
Melsonby is located on the Cape York Peninsula, 45 kilometres north of Cooktown.

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 Lots 1 and 2 on SP189914 and an area of 2.51 ha contained within stations 10.A.B.C.10 shown as road to be opened as shown on plan SP189914 in Schedule 1.'
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 3 July 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2005/053
Subject Matter:Environmental Heritage | Native Title
Summary Information:
The Melsonby and State Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland (APPLICANT) and Joseph Charles McIvor, Phylomena Annita Naylor, Conrad Joseph Michael and Malcolm Thomas Bally on behalf of the Melsonby (Gaarraay) People. It was registered on 3 July 2007.

The purpose of the ILUA is to provide for the dedication, use and management of certain areas as both National Park and Aboriginal freehold.
Detailed Information:
The ILUA provides for the handover of 10710 hectares of land in the form of Aboriginal freehold to the Melsonby (Gaarraay) Land Trust. Part of this land is to become a protected area, known as the Melsonby (Gaarraay) Nature Reserve. Gerhardt Pearson is cited by the ABC Rural Report as saying that traditional owners are keen to start up cattle and tourism enterprises on areas not part of the nature reserve, including around significant sites of rock art.

The nature reserve will be managed by the Traditional Owners and the Queensland Parks and Wildlife Service, which, the Minister for Environment and Multiculturalism Ms Lindy Nelson-Carr is quoted as saying, 'will be especially vital in delivering integrated fire management, weed and feral animal control and cultural heritage site protection.'

This ILUA includes agreement that 'future acts' may be done. The parties also 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.

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
  • State of Queensland - Signatory
  • Cape York Land Council Aboriginal Corporation
  • Cook Shire Council
  • 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
  • Joseph Charles McIvor, Phylomena Annita Naylor et al - Signatory

  • References

    General Reference
    ABC Rural Report (17 November 2006) Melsonby Indigenous Land Use Agreement
    Minister for Environment and Multiculturalism (16 November 2006) Land handed back to Traditional Owners and National Park created
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

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

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