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Portland Roads Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 October 2009
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cape York Peninsula, Queensland, Australia
The ILUA area consists of a number of islands (including the Forbes Islands, the Piper Islands, Kay inlet, Sandy Islet, Rocky Island, Pigeon Island, Restoration Island and Quoin Island) and a portion of the mainland at Portland Roads, located on Cape York Peninsula approximately 160 kilometres west of Weipa. The ILUA area totals approximately 1296 hectares. The ILUA area is located within the jurisdiction of the Cook Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 October 2009. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2008/029.
Subject Matter:Access | Consultation | Local Government | Native Title
Summary Information:
The Portland Roads Indigenous Land Use Agreement (ILUA) was agreed between:
- Mr Albert Doctor, Ms Deborah Hobson, Mr Donald Hobson, Ms Ivy Hobson, Ms Lorraine Clarmont, Ms Lucy Hobson on their own behalf and on behalf of the Kuuku Ya'u People; and
- Cook Shire Council

The Portland Roads ILUA recognises the native title rights and interests of the Kuuku Ya'u People to a parcel of land on Cape York Peninsula and a number of islands off the coast of Cape York Peninsula Peninsula. It also provides a framework governing how Cook Shire Council will carry out its responsibilities in the ILUA area.
Detailed Information:
Consent to the continued operation, use and maintenance of specified infrastructure

The parties consent to the continued operation, use and maintenance of Council 'Non-Extinguishing Infrastructure'. They also consent to the use of land on which such infrastructure is built or land (or waters) adjacent to the infrastructure.

Infrastructure will be deemed to be 'Non-Extinguishing Infrastructure' where:
- it was constructed on or before the commencement date of the ILUA (not specified on the National Native Title Tribunal ILUA Register Extract)
- it was not validly constructed on or before 23 December 1996 (the date of the decision in The Wik Peoples v The State of Queensland & Ors; The Thayorre People v The State of Queensland & Ors [1996] HCA 40); and
- it does not constitute a public work (as defined in the Native Title Act 1993 (Cth))

Infrastructure will be 'Extinguishing Infrastructure' where:
- it was validly constructed on or before 23 December 1996; and
- it constitutes a public work (as defined in the Native Title Act 1993 (Cth))

Roads

The parties consent to the dedication of prescribed land for use as public roads to be operated and maintained by the Council.

Reserves

The parties consent to the Council's dedication, management and use of land defined in the ILUA as Reserves. A list of that land defined as 'Reserves' is provided in the ILUA Register Extract.

Consent to the doing of 'Approved Future Acts'

The parties consent to the doing of 'Approved Future Acts'. Future Acts will become Approved Future Acts where they meet a set of procedural steps. The steps are listed below:
- The Council must provide a 'Proposed Activity Notice' or a 'Revised Activity Notice' to the native title parties, and
- The native title parties must provide a 'Concurrence Notice' to the Council in response to the 'Proposed Activity Notice'.

Alternatively, the native title parties may be deemed to have given their consent in certain circumstances, even if they have not provided a Concurrence Notice.

Consent to the doing of 'Minor Works or Activities'

The parties also consent to the performance of acts defined as 'minor works and activities'. Details of what constitutes a minor work have not been provided on the ILUA Register Extract.

The performance of such activities is regulated by separate procedural conditions. Details of these procedural conditions have not been provided on the ILUA Register Extract.

General Provisions

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of the lease.

Background

The Portland Roads Indigenous Land Use Agreement (ILUA) is one of three ILUAs negotiated by the Kuuku Ya'u People following the registration in June 2009 of a consent determination recognising their native title rights and interests in relation to land and coastal waters on and adjacent to Cape York Peninsula:

"the Portlands Roads ILUA [was negotiated] with the Cook Shire Council regarding how the council will carry out its responsibilities in the determination area. It provides a framework for communicating with the Kuuku Ya'u People leading to more effective delivery of local government services." (National Native Title Tribunal, Kuuku Ya'u People's native title determination, 2009, p. 3)

For information on the consent determination and the other ILUAs negotiated by the Kuuku Ya'u People follow the links below.

Related Entries

Agreement
  • Kuuku Ya'u People v State of Queensland [2009] FCA 679 (25 June 2009)
  • Kuuku Ya'u People's Marine Park Indigenous Land Use Agreement (ILUA)
  • Kuuku Ya'u People's Protected Areas Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Cook Shire Council - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Deborah Hobson and others on behalf of the Kuuku Ya'u People - Signatory
  • Kuuku Ya'u People

  • References

    General Reference
    National Native Title Tribunal (June 2009) Kuuku Ya'u People's native title determination
    Electronic Journal
    Indigenous Peoples Issues and Resources (23 Nov 2009) Kuuku Ya'u Indigenous Land Use Agreements Finalised
    Resource
    National Native Title Tribunal (15 July 2009) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements
    National Native Title Tribunal (2009) Qld - Registered ILUA - Portland Roads ILUA QI2008/029

    Documents

    Map
    Portland Roads Indigenous Land Use Agreement Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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