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Kowanyama People - Child Safe House Indigenous Land Use Agreement (ILUA)
|Date:||25 May 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Kowanyama St, Kowanyama, Queensland, Australia|
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|The ILUA covers covers approximately 2076 square metres and is located over lease C of lot 19 on DB16 in the town of Kowanyama. The lot lies on Kowanyama St, which is located in Kowanyama, Queensland.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 May 2010. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2008/032.|
|Subject Matter:||Housing, Construction and Infrastructure | Native Title|
|The Kowanyama People - Child Safe House ILUA was agreed between:|
- Lindsay Edwards, Roy Dennis Maggable, Robert Holness,Christopher Henry, Glennette Greenwool, Gary Hudson, Evans Josiah, Griffith Patrick, Dennis Michael, Ravin Greenwool, Richard Barney, Jenny Paul, Donna Brumby, Priscilla Major, Roslyn Gilbert, Una Claude, Corrine Daniel, Kelvin Greenwool, Douglas Eric, Teddy Bernard, Rosemary Henry, George Williams Adams, Roger Inkerman, Lyndell Michelle Anne Jimmy, Hazel Paul, Angela Fiona Edwards, Shaun Kalk Edwards, May Edwards, Glennis Rose Mudd, Shenane Jago, Colin Lawrence, Arthur Luke, Christine Lawrence, Ivan Jimmy, Shirley Yam and Maria Dick on their own behalf and on behalf of the Kowanyama People
- the State of Queensland.
The purpose of the ILUA is to provide consent for the grant of a trustee lease to the State of Queensland and subsequent construction work to build a Child Safe House in the region.
The purpose of the Child Safe House is to provide 'residential care and family support services' for Indigenous children in remote communities. It enables children to remain within their communities whilst their longer term needs are being assessed.
| History |
The ILUA was drafted, negotiated, authorised and executed from May to July 2008. It was developed during claim group consultations leading up to the consent determination in Kowanyama People v State of Queensland  FCA 1192 (22 October 2009). This determination found that the Girramay people held (amongst other interests) exclusive native title interests over approximately 2,518 square kilometres of Deed of Grant in Trust Land in south-west Cape York. These interests included rights to possession, occupation, use and enjoyment of the land. Deed of Grant in Trust Land is land that is held under a special form of title pursuant to Queensland's unique community-level land trust system. The ILUA agreement area is located within the determination area for Kowanyama People v State of Queensland  FCA 1192 (22 October 2009).
Specific provisions within the ILUA
The ILUA provides prospective and retrospective consent for the grant of a lease over the agreement area to the State of Queensland. As the agreement area consists in Deed of Grant in Trust Land, it is to be transferred via a 'Trustee Lease', authorised under the Land Act 1994 (Qld).
The ILUA also provides prospective and retrospective consent for the doing of 'Construction Acts' associated with the construction and operation of a Child Safe House on the agreement area.
The native title parties agree that they will not object to the lease or the construction activities and are expected to do all things necessary to ensure the grant of the lease and finishing of construction work, whilst also avoiding delay. The native title parties are also expected to attempt to ensure compliance with the project from the Kowanyama People.
The parties agree that no compensation will be payable in relation to the giving of the abovementioned consents by the native title parties (even where the subsequent actions by the State Government interfere with native title rights). The ILUA releases and discharges the State from any claim that may be brought against it for the grant of the lease and construction works and similarly waives the rights of the native title parties to bring a claim in relation to these acts.
The parties agree that the principles of non-extinguishment apply to the abovementioned future acts. As a consequence, the grant of lease and subsequent construction works conducted by the State of Queensland will not extinguish the native title rights of the Kowanyama People, although native title rights inconsistent with the future acts will be suspended for the duration of those acts.
The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of the lease.
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