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Eastern Kuku Yalanji & Telstra Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 October 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:North Queensland, Queensland, Australia
The local government regions for this ILUA are the Cook Shire Council and the Douglas Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the register of Indigenous Land Use Agreements (ILUAs) on the 5 October 2007. This is an authorised Indigenous Land Use Agreement under the Native Title ACt 1993 (Cth)
Legal Reference: Q12006/008
Alternative Names:
  • Gugu Yalandji
  • Subject Matter:Access | Collaboration / Partnership | Consultation | Future Act | Native Title
    Summary Information:
    The Eastern Kuku Yalanji & Telstra Indigenous Land Use Agreement (ILUA) was agreed to between the Telstra Corporation Ltd and Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr and Peter Fischer on 5 October 2007.

    This ILUA provides for the relationship between native title rights and interests and the interests of the State and the Telstra Corporation, within the ILUA area.
    Detailed Information:
    The Native Title Holders, represented by the Cape York Land Council, agree that Telstra may construct new telecommunications facilities on already existing Telstra sites, provided that the Native Title Holders do not agree to the replacement of cabling with more substantial infrastructure.

    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.

    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).

    Related Entries

    Agreement
  • Eastern Kuku Yalanji, the State of Queensland & Wet Tropics Management Authority - Freehold Grants Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji & Cook Shire Council Local Government Agreement Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Wujal Wujal Aboriginal Shire Council Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji & Douglas Shire Council - Local Government Agreement Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Bana Mindilji Aboriginal Corporation Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Marshall Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Cook Shire Council Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Harlow Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & McLean Indigenous Land Use Agreement (ILUA)
  • Eastern Kuku Yalanji, the State of Queensland & Brandt Indigenous Land Use Agreement (ILUA)
  • 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
  • National Native Title Tribunal
  • Telstra Corporation Limited - Signatory
  • Cook Shire Council
  • Douglas Shire Council
  • Cape York Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (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
    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
    Newspaper Article
    Padraic Murphy The Australian (12 April 2007) Traditional Owner's Historic Victory

    Documents

    Map
    Eastern Kuku Yalanji & Telstra ILUA - ( Image | PDF)

    Glossary

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

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