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Eastern Kuku Yalanji, the State of Queensland & Wet Tropics Management Authority - National Parks Indigenous Land Use Agreement (ILUA)
|Date:||19 October 2007|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
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|The agreement area covers approximately 1,594 square kilometres located north-west of Port Douglas and extends to about 20 kilometres south of Cooktown. A map of the area is contained in Schedule 1 of the agreement. The area falls within the Cairns Regional Council and Cook Shire Council. |
This ILUA constitutes a part of 14 other interconnected ILUA's covering lands between Mossman and Cooktown in far north Queensland that cover the traditional country of the Eastern Kuku Yalanji. 'The region is of international significance as a large part of it incorporates the Wet Tropics World Heritage Area and includes the Daintree, Cape Tribulation, Black Mountain and Cedar Bay national parks. The area also includes State reserves and roads, areas accessed by the public, and various private leasehold interests.' (Eastern Kuku Yalanji People and the State of Queensland Indigenous Land Use Agreement Celebration Booklet).
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 October 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2006/026|
|Subject Matter:||Access | Cultural Heritage | Environmental Heritage | Management / Administration|
|The Eastern Kuku Yalanji, the State of Queensland & Wet Tropics Management Authority - National Parks Indigenous Land Use Agreement (ILUA) was concluded between the State of Queensland (APPLICANT), the Wet Tropics Management Authority and Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr and Peter Fischer on behalf of the Eastern Kuku Yalanji People.|
This ILUA was one of a series of 15 ILUA's agreed to between the Eastern Kuku Yalanji and the Queensland government which culminated in a network of co-management and sole management arrangements with various organisations and institutions that operate in far north Queensland.
|The Wet Tropics Management Authority ILUA provides that the Queensland Environmental Protection Agency (EPA) must consult the Prescribed Body Corporate (PBC) that represents the Eastern Kuku Yalanji People. The incorporated body designated to manage the native title rights involved in this ILUA is the Jabalbina Yalanji Aboriginal Corporation (NNTT's Eastern Kuku Yanji People's Native Title Determination information booklet). |
The agreement identifies three types of activities which must follow a particular process of consultation: procedural activities, significant activities and operational plans.
Procedural Activities within the agreement area require adherence to the Consultation Protocol when dealing with the PBC. The EPA, its contractors, employees, agents and invitees must have regard to any comments provided by the PBC.
Significant Activities can only be undertaken by the EPA and its contractors, employees, agents and invitees once the EPA has:
(i) accorded with the Consultation Protocol;
(ii) obtained written consent from the PBC that the significant activity - where it is a 'future act' - is permitted;
(iii) where the significant activity is not a future act, the EPA must consult with PBC and have regard to any comments provided by them.
Operational Plans cannot be implemented by the EPA in relation to the Daintree National Park (within the Agreement Area), until agreement has been obtained from the PBC as to what the operational plans will entail. An operational plan includes:
(a) A visitor plan;
(b) An Aboriginal cultural resources plan;
(c) A weed and feral animal plan;
(d) A fire plan; and,
(e) Another plan in relation to the operational management of a National Park (not including plans in relation to Queensland government funding or expenditure).
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