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Strathgordon Roads Body Corporate Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 14 January 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Far North Queensland, Australia
This ILUA covers the area of the Strathgordon Pastoral Lease, which is located 415 kilometres north-west of Cairns and 56 kilometres east of Pormpuraaw in Far North Queensland. The Strathgordon Pastoral Lease comprises approximately 1180 square kilometres. The ILUA area excludes presently dedicated roads (being those roads that are already set apart for public use).
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 14 January 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2009/059.
Subject Matter:Access | Housing, Construction and Infrastructure | Land Use | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2009/QI2009.059/ILUARegisterExport.pdf
Summary Information:
The Strathgordon Roads Body Corporate ILUA was agreed between:

- Cook Shire Council;
- The State of Queensland;
- The Poonko/Strathgordon Aboriginal Corporation (as lessee of the Strathgordon Pastoral Lease); and
- The Thaa-Nguigarr Strathgordon Aboriginal Corporation (on behalf of the Strathgordon Mob, the claimant group in the consent determination of Timothy James Malachi on behalf of the Strathgordon Mob v State of Queensland [2007] FCA 1084).

The purpose of this ILUA is to provide consent for the dedication, construction, use, maintenance and operation of specified roads within the determination area. The dedication of a road refers to the process of setting apart a road for public use.
Detailed Information:
History of this ILUA

This ILUA is the product of negotiations leading up to the consent determination of Timothy James Malachi on behalf of the Strathgordon Mob v State of Queensland [2007] FCA 1084. In this consent determination, the Federal Court of Australia recognised the existence of native title rights and interests over the Strathgordon Pastoral Lease.

At the time of the consent determination, it was reported that this ILUA would provide for both the opening and the closing of roads within the determination area to 'regularise the currently used road networks'. However, the ILUAs have since been revised and it is unclear whether the ILUA still provides for the closing of certain roads (although, as discussed below, the National Native Title Tribunal Register extract does provide for the construction and dedication of specified roads).

It is expected that there will be no change to the way people currently access Pormpuraaw and adjoining properties through the Strathgordon Pastoral Lease Area.

Specific provisions

This ILUA provides consent for the dedication, construction, use, maintenance and operation of roads specified in Schedule 2 of the agreement. Schedule 2 is not available on the National Native Title Tribunal Register.

The roads with respect to which consent has been given may be constructed up to a width of 60 metres, and are subject to further conditions within the ILUA (although these are also not available on the Register).

The ILUA also provides consent for the doing of other acts that are 'necessary' for the construction, use, maintenance and operation of these roads.

All relevant works connected with this ILUA are to be carried out by the Cook Shire Council.

Non-extinguishment principle

The parties agree that the non-extinguishment principle applies to any future acts to which consent has been given pursuant to this ILUA. As a consequence, the acts of the Council will not extinguish the native title rights of the Strathgordon Mob, although native title rights that are inconsistent with the future act in question will be suspended for the duration of the act.

Right to negotiate provisions

The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of the lease.

Native title in the ILUA area

The ILUA area is located within the Determination Area of native title made in the proceeding Timothy James Malachi on behalf of the Strathgordon Mob v State of Queensland [2007] FCA 1084 by the Federal Court of Australia. Under the Native Title Act 1993 (Cth), any activity 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 entitles the parties to circumvent these provisions.


Related Entries

Agreement
  • Timothy James Malachi on behalf of the Strathgordon Mob v State of Queensland [2007] FCA 1084
  • Organisation
  • Cook Shire Council - Signatory
  • State of Queensland - Signatory
  • Thaa-Nguigaar Strathgordon Aboriginal Corporation - Signatory
  • Poonko/Strathgordon Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)

  • References

    General Reference
    National Native Title Tribunal (27 July 2007) Strathgordon Native Title Determination - Backgrounder
    Newspaper Article
    Cape York Land Council (September 2007) Strathgordon Smiles!
    Resource
    National Native Title Tribunal (26 July 2007) Strathgordon Mob Native Title Determination
    National Native Title Tribunal (2010) Strathgordon Roads Body Corporate ILUA

    Documents

    Map
    Strathgordon Roads Body Corporate ILUA Map - ( PDF)

    Glossary

    Non-Extinguishment Principle | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Body Corporate Agreement (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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