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Eastern Kuku Yalanji Aboriginal Land Dealing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 26 April 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cape Tribulation, Queensland, Australia
This agreement covers about 2,234 sq km and is located between Mossman and Cooktown in the vicinity of Cape Tribulation.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 April 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: QI2012/094
Subject Matter:Future Act | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.094/ILUARegisterExport.pdf
Summary Information:
The Eastern Kuku Yalanji Aboriginal Land Dealing Indigenous Land Use Agreement (ILUA) was entered between the following parties:

- Jabalbina Yalanji Aboriginal Corporation RNTBC (JYAC)
- Jabalbina Yalanji Land Trust (JYLT)
- Francis Walker on behalf of the Eastern Kuku Yalanji People

The purpose of this area agreement is to provide consent for a range of future acts.
Detailed Information:
Details of the Agreement

The agreement was entered between the parties so as to give consent on relevant acts and agree not to challenge the validity of the relevant acts at any time.

As per the agreement, relevant acts refer to the following:
- the grant of a lease or licence of Aboriginal land by JYLT in the agreement area;
- the creation of an easement over Aboriginal land by JYLT in the agreement area;
- an associated activity on Aboriginal land authorised by JYLT in the agreement area; and
- an associated activity in the agreement area for which JYAC has given its written approval.

Associated activity as per the agreement refers to:
- an activity on a lease, licence or easement granted by JYLT associated with the
construction or operation of infrastructure with the purpose for which the lease, licence or easement is granted including survey activities and geotechnical investigation;
- the grant of any licence, permit or authority reasonably necessary;
- the surrender or transfer of a lease, licence or easement;
- the mortgage of a lease;
- an activity reasonably necessary for the use and enjoyment of a lease, licence or easement granted by JYLT in accordance with its terms on:

(a)the area of the lease, licence or easement; or
(b)land adjoining the lease, licence or easement within the agreement area.

Commencement

The agreement commences on the date it is executed by all the parties involved.

Native title provisions

Future Act:
The parties consents to all relevant acts also including future acts.

Right to Negotiate:
The right to negotiate does not apply to the relevant acts.

Non-Extinguishment:
The principle of non-extinguishment applies to the relevant acts.

Native Title in the ILUA Area

The Eastern Kuku Yalanji people native title determination (QC94/13) was recognised on 9 December 2007. Under the determination, Jabalbina Yalanji Aboriginal Corporation holds Native Title on behalf of the Eastern Kuku Yalanji people over 126,900 hectares of land between Mossman and Cooktown in Far North Queensland.

Related Entries

Agreement
  • Walker on behalf of the Eastern Kuku Yalanji People v State of Queensland [2007] FCA 1907 (9 December 2007) - Previous
  • Organisation
  • Cairns Regional Council
  • Cook Shire Council
  • Jabalbina Yalanji Aboriginal Corporation - Signatory
  • Jabalbina Yalanji Land Trust - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Francis Walker on behalf of the Eastern Kuku Yalanji People - Signatory
  • Kuku Yalanji People - Signatory

  • Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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