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Carpentaria Shire Council Kowanyama People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Normanton, Queensland, Australia
The agreement covers about 560 sq km over five segments extending from 145 km to 275 km northeast of Normanton in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 March 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/079
Subject Matter:Access | Housing, Construction and Infrastructure | Local Government
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/079
Summary Information:
The Carpentaria Shire Council Kowanyama People Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Carpentaria Shire Council; and

- Lawrence Daphney, Chris Henry, Charlotte Yam, Michael Mitchell, Arthur Luke Snr, Teddy Bernard, Colin Lawrence Jnr, Charmaine Lawrence, Lavinia Inkerman, Celza Inkerman and Hilton Nobel.

The purpose of this Agreement is to
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 3 March 2015.

The Extract does not provide a specific start or end date for the Agreement.

The Extract does note, however, that Clauses 1 - 6 (excluding clauses 4.4, 4.5, 4.6 and 5) and 14 - 29 commence on the
Commencement Date, being the date the Agreement was signed on 21 October 2014.

The remaining Clauses of the Agreement commence on the registration of the Agreement on the Register, being 3 March 2015.

Native Title Provisions

Right to Negotiate

Subdivision P of Division 3 of Part 2 of the Native Title Act is not intended to apply to any Future Acts for which the Native Title Parties have consented to.

The Native Title Parties consent to the continued operation, use and maintenance of:-
(a) the Non-Extinguishing Infrastructure;
(b) the land on which the Non-Extinguishing Infrastructure is located; and
(c) any land or waters which is adjacent to the land on which the Non-Extinguishing Infrastructure is located which is necessary for, or incidental to, the operation of the Non-Extinguishing Infrastructure.

Non-Extinguishment Infrastructure

"Non-Extinguishing Infrastructure" is defined as Council infrastructure that is:-
(a) not Extinguishing Infrastructure; and
(b) was constructed or established within the Agreement Area on or before the Commencement Date, being 21 October 2014.

Further and without the limiting the operation of clause 12.9 (to do with compensation in respect of
off-alignment roads), the Native Title Parties consent to:
(a) the operation and maintenance of off alignment roads by or on behalf of the Council ;
(b) the use by the public of off alignment roads.

In the event the Council wishes to construct or carry out Works or Activities in the Agreement Area in respect of which it has not already received consent, it may seek to
obtain such consent by having the act become an Approved Future Act by following the process set out in Schedule 2.

Work or Activity

A Work or Activity is an Approved Future Act if:
(a) it is described in a Proposed Activity Notice or Revised Activity Notice given to the Native Title Parties; and
(b) either:-

i) the Native Title Parties have given a Concurrence Notice; or
ii) consent is deemed to be given under paragraph 10 of Schedule 2.

"Works or Activities" means any Council Infrastructure or the grant of an Occupancy Interest that Council may provide or undertake as a local government after the Commencement Date
other than Minor Works or Activities.

Approved Future Acts

The Parties consent to the doing of Approved Future Acts.

Minor Works or Activities

The Parties consent to the construction or carrying out of Minor Works or Activities on the conditions described in Schedule 3.
"Minor Works of Activities" means the acts described in paragraph 2 of Schedule 3.

Native Title in the ILUA Area

The Agreement Area excludes any areas subject to the Native Title Determination QUD6119/98 Kowanyama People (QCD2012/016 & QCD2009/003) as determined by the Federal Court on 22 October 2009 and 5 December 2012.

There are a number of parcels of land within the Agreement Area, including:

- Errk Oykanangd National Park;
- Galbraith Pastoral Holding;
- Vanrook Pastoral Holding;
- Nassau River;
- Alice River;
- Mitchell River Part 1;
- Mitchell River Part 2;
- Staaten North Branch;
- Staaten River (Western Section);
- Staaten River (Eastern Section); and
- Topsy Creek.

Related Entries

Agreement
  • Greenwool & Ors on behalf of the Kowanyama People v State of Queensland [2012] FCA1377 (Kowanyama People Part C)
  • Daphney on behalf of the Kowanyama People v State of Queensland [2014] FCA 1149 (Kowanyama People Part D)
  • Organisation
  • Carpentaria Shire Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Lawrence Daphney, Chris Henry, Charlotte Yam, Michael Mitchell, Arthur Luke Snr, Teddy Bernard, Colin Lawrence Jnr, Charmaine Lawrence, Lavinia Inkerman, Celza Inkerman and Hilton Nobel - Signatory

  • Documents

    Map
    Carpentaria Shire Council Kowanyama People Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Carpentaria Shire Council Kowanyama People Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Local Government | National Park

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