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Errk Oykangand National Park (Cape York Peninsula Aboriginal Land) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 October 2009
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Southeast of Pormpuraaw , Queensland, Australia
The ILUA area is Lots 4 and 5 on map SP215744. The ILUA area is located southeast of Pormpuraaw and east of Kowanyama in the vicinity of the Mitchell River. It covers approximately 383 square kilometres and falls within the jurisdiction of the Carpentaria Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 March 2011. This is a Registered Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/035.
Subject Matter:Access | Environmental Heritage | Land Management | Management / Administration
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.035/ILUARegisterExport.pdf
Summary Information:
The Errk Oykangand National Park (Cape York Peninsula Aboriginal Land) ILUA was agreed between:
- State of Queensland
- Gary Hudson, Evans Josiah, Griffith Patrick, Dennis Michael, Glenette Greenwool, 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 William Adams, Christopher Henry, Roger Inkerman, Lyndell Michelle Anne Jimmy, Roy Dennis Maggable, Hazel Paul, Angela Fiona Edwards, Shaun Kalk Edwards, May Edwards, Glennis Rose Mudd, Shenane Jago, Colin Lawrence, Arthur Luke, Christine Lawrence, Lindsay Edwards, Ivan Jimmy, Shirley Yam, Maria Dick and Robert Holness.

The purpose of the ILUA is to provide prospective and retrospective consent for a number of 'Agreed Acts'.
Detailed Information:
Commencement of Agreement

The agreement is to commence upon the date of registration of the ILUA (31 March 2011). Certain clauses of the agreement (none of which are detailed in the ILUA extract) will come into effect at an earlier data, being the date of agreement of the ILUA.

Consent to 'Agreed Acts'

The parties consent to the grant of land to members of the Kowanya Aboriginal Land Trust pursuant to the Aboriginal Land Act 1991 (Qld). This grant is to occur via the transfer of a Deed of Grant to the members of the Land Trust. The transfer of this deed will mean that the land (which was previously recognised as a national park) is recognised as Aboriginal Land under the Aboriginal Land Act 1991 (Qld).

Additionally, the parties consent to the dedication, use and management of the abovementioned land as a national park pursuant to the Nature Conservation Act 1992 (Qld).

In so doing, the parties agree to enter into an Indigenous Management Agreement (IMA) under the Aboriginal Land Act 1991 (Qld), in a similar form to that draft agreement attached as a schedule to the ILUA. Details of this Agreement are not provided on the ILUA Register Extract. The IMA agreement will set out a framework for the joint management of the national park between the traditional owners and the State of Queensland. It will provide for the employment and training of indigenous rangers enabling the fusion of 'new skills with traditional knowledge' (Jones 2009).

Retrospective Consent

The parties also agree to validate any of the abovementioned acts where they were done invalidly prior to the registration of this ILUA.

General Provisions

The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to acts agreed upon within this ILUA.

Background

Native Title in the ILUA Area

The indigenous persons party to this agreement are the applicants for the Kowanyama People's native title claim (NNTT File No: QC97/9; Federal Court No: Q6119/98). This claim relates to approximately 22,303 square kilometres of land and waters in Kowanyama and South West Cape York. This claim, which is currently in mediation, was filed with the National Native Title Tribunal on 25 March 1997 and was amended on 22 October 2009 following a consent determination - Kowanyama People v State of Queensland [2009] FCA 1192 - which settled one segment of the overall claimed area. The Kowanyama group has taken a three-stage approach to their native title claim, with the remaining two segments yet to be settled (NRM Network 2009).

Context for this ILUA

This ILUA is the first of a series of ILUAs which provides for the transfer of Aboriginal Freehold Land under the Aboriginal Land Act 1991 (Qld) to traditional owners and the subsequent joint management of that land between traditional owners and the State of Queensland. This particular ILUA will see the transfer of the Michell and Alice Rivers National Park to its traditional owners. The park will be renamed Errk Oykangand National Park and will be managed jointly with the State of Queensland.

This ILUA is the product of work done by the Cape York Tenure Resolution Implementation Group, which has worked with the Queensland Government to return over one million hectares of land to traditional owners. In particular, the Cape York Tenure Resolution Implementation Group negotiated the Cape York Peninsula Heritage Act 2007 (Qld), which provides for the establishment of a new class of national park - Cape York Peninsula Aboriginal Land. The Errk Oykangand National Park will be one of these new national parks.

Related Entries

Agreement
  • Kalinga Mulkay Indigenous Land Use Agreement (ILUA)
  • Rindoparr Area B Indigenous Land Use Agreement (ILUA)
  • Kowanyama People v State of Queensland [2009] FCA 1192 (22 October 2009)
  • Marpa National Park (Cape York Peninsula Aboriginal Land) Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • Legislation
  • Cape York Peninsula Heritage Act 2007 (Qld)
  • Native Title Act 1993 (Cth)
  • Aboriginal Land Act 1991 (Qld)
  • People
  • Gary Hudson and Others on their own Behalf and on Behalf of the Kowanyama Native Title Group. - Signatory
  • Kowanyama Aboriginal Community

  • References

    Decision
    National Native Title Tribunal (14 December 2009) Registration Test Decision
    Media Release
    The Wilderness Society (23 October 2009) Mitchell-Alice National Park ‘Handback’ Proves Success of Cape York Indigenous-Conservation Agreements
    Kate Jones (23 October 2009) Historic Moment as Cape York National Park Returned to Traditional Owners
    Resource
    National Native Title Tribunal Claimant Application Summary - Kowanyama People
    Publication
    Kowanyama State School (November 2009) The Kowanyama Chronicle

    Documents

    Map
    Errk Oykangand National Park (Cape York Peninsula Aboriginal Land) Indigenous Land Use Agreement (ILUA) Map - ( Image)

    Glossary

    Aboriginal Land Trust (Northern Territory) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Indigenous Management Agreement (IMA) (Aboriginal Land Act 1991 (Qld)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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