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Hope Vale #2 Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 11 March 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Hopevale, Queensland, Australia
The area subject to the agreement covers about 86 ha, located about 22km north of Cooktown and about 20km east of Hopevale. The Agreement Area covers about 86 ha, located about 22km north of Cooktown and about 20km east of Hopevale in the State of Queensland. This area includes part of the Congress Land over which Native Title was determined to exist in the Approved Determination (QCD1997/001; QUD174/1997) which is also part of the area of the Lease. The Agreement area is within the Hopevale Aboriginal Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 05 August 2014.This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/035
Subject Matter:Housing, Construction and Infrastructure | Land Use | Native Title | Tourism
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/035
Summary Information:
The Hope Vale #2 Indigenous Land Use Agreement (ILUA) was agreed between:

- Hopevale Congress Aboriginal Corporation RNTBC;and

- Edward Deemal and Ivan Deemal.

The purpose of this Body Corporate Agreement is to provide consent to Hopevale Congress Aboriginal Corporation RNTBC for the grant of a Lease.
Detailed Information:
Commencement

The Agreement was registered with the National Native Title Tribunal (NNTT) on 5 August 2014.

Whilst the Extract does not specify a start or end date for the Agreement, it does note Clause 2.1 which provides that the Agreement commences on the Commencement Date, being 11 March 2014.

The exception to this Clause arises under Clause 2.2, which provides that Clause 6 of the Agreement commences on the Registration Date, being 5 August 2014.

As outlined below, Clause 6 of the Agreement relates to the parties consent to the granting of a lease.

Native Title Provisions

The Extract notes Clause 7.2 of the Agreement, which provides that Subdivision P, Division 3, Part 2 of the Native Title Act is not intended to apply to the doing of the
Future Acts.This means that the Right to Negotiate Provisions do not apply.

As noted above, the purpose of this Agreement is to provide consent from Edward and Ivan Deemal to Hopevale Congress Aboriginal Corporation RNTBC for the grant of a lease over the Agreement Area.

Native Title in the ILUA Area.

The lands in the vicinity of Hopevale(of about 110,000 ha.) were the subject of a grant in 1986 by the Queensland Government to the Hopevale Aboriginal Council to be held upon trust for the benefit of aboriginal inhabitants.

The decision of the Federal Court of Australia on 08 December 1997, Erica Deeral (On behalf of herself & the Gamaay Peoples) & Ors v Gordon Charlie & Ors [1997] FCA 1408,(QCD1997/001; QUD174/1997) determined that native title rights and interests exists in relation to land and waters near Cooktown in circumstances where the interested parties have reached agreement. This consent determination did not include details of the nature of the rights and interests conferred on the native title holders nor did it outline the other interests recognised in the agreement.

Between May 1997 and October 1997, an agreement concerning native title was developed through consultation with all parties to the consent determination. This agreement was signed and executed in October and November 1997.

Related Entries

Agreement
  • Erica Deeral (on behalf of herself and the Gamaay Peoples) & Ors v Gordon Charlie & Ors [1997] 1408 FCA (8 December 1997)
  • Organisation
  • Hopevale Congress Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • Cape York Land Council Aboriginal Corporation
  • Hope Vale Aboriginal Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Edward Demal and Ivan Demal - Signatory

  • Documents

    Map
    Hope Vale #2 ILUA - map - ( PDF)
    Hope Vale #2 ILUA extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title Determination (Australia) | Native Title Registers | Lease | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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