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Eastern Kuku Yalanji, the State of Queensland & Bana Mindilji Aboriginal Corporation Indigenous Land Use Agreement (ILUA)
|Date:||5 October 2007|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Cape York Peninsula, Queensland, Australia|
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|The area that is the subject of this ILUA is located in the Cape York Peninsula, within the Douglas Shire Council. It is described on the National Native Title Tribunal extract as:|
'All Parts of Lot A on SP139257 (formerly part of Lot A on SR838) EXCLUDING Water Permit WAP6994. Note: Reference Data and Source: • Cadastral data sourced from Dept of Natural Resources & Mines, Qld (Aug 2006).
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 October 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No.: QI2006/017|
|Subject Matter:||Access | Land Planning | Native Title|
|The Eastern Kuku Yalanji, State of Queensland & Bana Mindilji Aboriginal Corporation Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland (APPLICANT); and Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr., Peter Fischer (Native Title Parties) and Bana Mindilji Aboriginal Corporation on 5 October 2007.|
The purpose of the ILUA is to provide for the relationship between native title rights and interests and the interests of both the State of Queensland and the Bana Mindilji Aboriginal Corporation.
The ILUA extract does not state a specific period for its operation.
|Specifically, the parties to the ILUA consent to the grant of permit to occupy, the entering into of a lease and all other necessary acts over the land that is the subject of this ILUA. |
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 ILUA is one of 15 resulting from the Eastern Kuku Yalanji 1994 native title claim over some 144,000 hectares, which was mainly timber reserve and unallocated Crown land. In 1997 the Eastern Kuku Yalanji proposed a settlement with the Queensland Government, which was agreed to in principle by most parties in 2005. (Queensland Government) Approximately 250,000 hectares of land were given back to the Eastern Kuku Yalanji people with 64,000 hectares designated as freehold land to be used for conservation with 16,500 of this proportion to be set aside for use as residential or economic development. The majority of the land will be co-managed by the Eastern Kuku Yalanji people and the Queensland Parks & Wildlife Service (QPWS) (The Australian). At the sign-off in Wujal Wujal in April 2007, then premier Peter Beattie congratulated all involved in the process, saying that it was 'the most significant ILUA [sic] ever struck in Queensland.' (Kantri Leif)
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