Back to search results

printable versionPrint this page

Eastern Kuku Yalanji, the State of Queensland & Wet Tropics Management Authority - Freehold Grants Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 October 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cape York Peninsula, Queensland, Australia
The area of the ILUA falls within the jurisdiction of the Cook Shire Council and the Douglas Shire Council, on the Cape York Peninsula.
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.: QI2006/007
Subject Matter:Collaboration / Partnership | Environmental Heritage | Land Management
Summary Information:
The Eastern Kuku Yalanji, the State of Queensland & Wet Tropics Management Authority - Freehold Grants Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland (APPLICANT); and Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr and Perter Fischer (Native Title Parties) and Wet Tropics Management Authority. It was registered with the NNTT on 5 October 2007.

The purpose of the ILUA is to stipulate the relationship between the native title parties, the state and the Wet Tropics Management Authority within the ILUA area, and to provide for the creation of several types of tenures, including Aboriginal land, freehold land, national park and nature refuge land.

The ILUA extract does not stipulate a period of operation.
Detailed Information:
This ILUA is one of 15 resulting from the 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)

The agreements cover approximately 250,000 hectares of land. The majority of this land will be co-managed by the Eastern Kuku Yalanji People and the Queensland Parks and Wildlife Service. About 64,000 hectares is granted as freehold. Most of this land is to be used for conservation purposes, but some is also to be set aside for use as residential or economic development (see Murphy 2007; Wet Tropics Management Authority 2007; Queensland Government 2007; Kantri Laif 2007: 29).

The parties to the ILUA consent to, among other things, the:
  • declaration of certain land as freehold Aboriginal Land;
  • dedication of a new national park;
  • the surrender of any native title rights over the Cartaar Road opening area; and
  • the creation of the South Arm Permit area which will include a reserve to be used for cultural and environmental purposes.

    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.

  • Related Entries

    Agreement
  • Eastern Kuku Yalanji & Cook Shire Council Local Government Agreement Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji & Telstra Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Wujal Wujal Aboriginal Shire Council Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji & Douglas Shire Council - Local Government Agreement Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Bana Mindilji Aboriginal Corporation Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Marshall Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Cook Shire Council Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Harlow Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & McLean Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Brandt Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Wet Tropics Management Authority - National Parks Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Douglas Shire Council (ILUA)
  • Organisation
  • Cook Shire Council
  • State of Queensland - Signatory
  • Wet Tropics Management Authority - Signatory
  • Cape York Land Council Aboriginal Corporation
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr and Peter Fischer on behalf of the Eastern Kuku Yalanji People - Signatory
  • Kuku Yalanji People

  • References

    General Reference
    Kantri Laif (Issue 3, 2007) Kuku Yalanji agreements signed and sealed
    Queensland Government (4 October 2007) Eastern Yalanji land use agreements
    Booklet
    Cape York Land Council (11 April 2007) Eastern Kuku Yalanji People and the State of Queensland Indigenous Land Use Agreements Celebration Booklet
    Media Release
    Wet Tropics Management Authority (11 April 2007) Aboriginal land agreement celebrated / The Eastern Kuku Yalanji ILUA in brief
    Newspaper Article
    Padraic Murphy The Australian (12 April 2007) Traditional Owner's Historic Victory
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Eastern Kuku Yalanji, the State of Queensland & Wet Tropics Management Authority ILUA - ( PDF | Image)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | National Native Title Tribunal (NNTT) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey