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Eastern Kuku Yalanji, the State of Queensland & Cook Shire Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 October 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Rossville, Queensland, Australia
Located at Rossville in the Cook Shire Council, North Queensland.
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: QI2006/009
Subject Matter:Access | Collaboration / Partnership | Consultation | Land Management | Native Title
Summary Information:
The Eastern Kuku Yalanji, the State of Queensland & Cook Shire Council Indigenous Land Use Agreement (ILUA) was agreed between Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr and Peter Fischer (Native Title Parties); the State of Queensland; and the Cook Shire Council on 19 October 2007.

The purpose of this ILUA is for the creation of reserves and roads under the Land Act 1994 (Qld) within the agreement area. The ILUA also provides for the manner of exercise of native title rights and interests within the agreement area.

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.
Detailed Information:
The Eastern Kuku Yalanji people, the State of Queensland and the Cook Shire Council will co-manage a reserve. This agreement sees the Rossville tip, the Rossville Community hall and Rossville Sport and a recreation facility designated as a reserve under the Land Act 1994 (Qld).

This ILUA is one of 15 resulting from the Eastern 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). Approximately 250,000 hectares of land were given back to the Eastern Kuku Yalanji people with 64,000 hectares designated as freehold land to be used for conservation with 16,500 of this proportion to be set aside for use as residential or economic development. The majority of the land will be co-managed by the Eastern Kuku Yalanji people and the Queensland Parks & Wildlife Service (QPWS) (The Australian). At the sign-off in Wujal Wujal in April 2007, then premier Peter Beattie congratulated all involved in the process, saying that it was 'the most significant ILUA [sic] ever struck in Queensland' (Kantri Leif).

Related Entries

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  • Eastern Kuku Yalanji & Cook Shire Council Local Government Agreement Indigenous Land Use Agreement (ILUA)
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  • 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 - Signatory
  • State of Queensland - Signatory
  • National Native Title Tribunal
  • Cape York Land Council Aboriginal Corporation
  • Legislation
  • Land Act 1994 (Qld)
  • 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
    The State of Queensland - Department of Natural Resources and Water- Indigenous Services, Claim Resolution Unit. (1 December 2006) Loaclity map of Eastern Yalanji Indigenous Land Use Agreement
    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
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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