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Eastern Kuku Yalanji, the State of Queensland & Douglas Shire Council (ILUA)

Category: Agreement
Date: 19 October 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cairns Regional Council Local Government Area, Queensland, Australia
The ILUA area extends over approximately 1,701 square kilometres of land and waters located north west of Port Douglas and extending to south of Wujal Wujal. The ILUA area falls within the jurisdiction of Douglas Shire Council.
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. QI2006/011.
Subject Matter:Access | Future Act | Land Use | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/Eastern_Kuku_Yalanji_the_State_of_Queens234567.aspx
Summary Information:
This ILUA was agreed between:
- the State of Queensland
- Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr and Peter Fischer (being the applicants to the Eastern Kuku Yalanji People native title claim (Tribunal File No.: QC94/13)
- Douglas Shire Council

The ILUA provides for the surrender of native title rights and interests in a prescribed portion of the ILUA area ('the surrender area') and the subsequent attainment of rights by the State of Quuensland and Douglas Shire Council in relation to the surrender area.
Detailed Information:
This ILUA provides consent for a number of future acts, defined as 'Agreed Acts'. The most notable of these Agreed Acts are summarised as follows:

Surrender of native title in the 'Surrender Area'

The parties agree to the surrender (and subsequent extinguishment) of natitle title rights and interests within an area defined as the 'surrender area'. The surrender area is described at Schedule 11 to the ILUA (of which the full text document is provided below).

Grants to the Council

The parties consent to the following grants of rights to the Council:
- any authority that enables the construction and use of water infrastructure in an area around Thompsons Creek
- any authority to continue water extraction from an area known as Little Falls

Grant of trustee lease

The parties consent to the grant of a trustee lease over approximately 2,000 square metres of the ILUA area. The lease is to be granted to the Jabalbina Yalanji Aboriginal Corporation, which is the prescribed body corporate nominated by the Eastern Kuku Yalanji People to manage their native title rights and interests. This lease will enable them to conduct commercial activities on the lease area such as:
- kayaking;
- constructing and operating a kiosk;
- constructing a shed;
- conducting boat maintenance;
- and conducting guided walks

Dedication of Roads

The parties consent to the dedication, management and use of various specified areas as roads. They also consent to the location of these roads being altered pursuant to a declaration under the Land Act 1994 (Qld).

Dedication of conservation parks, nature refuges and national parks

This ILUA provides for the 'dedication, use and management' of certain portions of the agreement area defined variously as the 'Conservation Park Area', the 'Nature Refuge Area' and the 'National Park Area'. While this is not specified in the National Native Title Tribunal Register Extract, a press release indicates that the management of these areas will be undertaken in part by the Girramay People.

Dedication of reserve areas

Numerous reserve areas are to be dedicated, used and managed for various purposes. These purposes include:
- beach protection
- cultural purposes
- environmental purposes
-recreational purposes

General provisions

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the future acts to which consent has been given under this ILUA.

Background

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, the State of Queensland & Wet Tropics Management Authority - National Parks Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Douglas Shire Council - Signatory
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Land Act 1994 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • People
  • Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr and Peter Fischer on behalf of the Eastern Kuku Yalanji People - Signatory

  • References

    General Reference
    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
    Newspaper Article
    Padraic Murphy The Australian (12 April 2007) Traditional Owner's Historic Victory
    Report
    National Native Title Tribunal (9 December 2007) Eastern Kuku Yalanji People’s Native Title Determination
    Resource
    National Native Title Tribunal (18 July 2007) Notice of Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements

    Documents

    Map
    Eastern Kuku Yalanji, the State of Queensland & Douglas Shire Council (ILUA) Map - ( PDF)
    Eastern Kuku Yalanji, the State of Queensland & Douglas Shire Council ILUA - ( PDF)

    Glossary

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

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