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Land Use and Access Agreement between the Western Yalanji People, and Alan and Karen Pedersen

Category: Agreement
Date: 28 September 1998
Sub Category:Land Use Agreement
Location:Queensland, Australia
The Determination Area comprises the land and waters near Mt Carbine, in the Mareeba Shire of north Queensland, approximately 155 km north-west of Cairns.
Legal Status: Registered on the National Native Title Register o
Legal Reference: Federal Court No: QG6002/96, National Native Title
Subject Matter:Cultural Heritage | Land Management | Native Title | Land Use | Native Title
Summary Information:
The Land Use and Access Agreement between the Western Yalanji People, and Alan and Karen Pedersen operates to regulate, explain and control the exercise of all rights by the native title holders, the Western Yalanji People. The agreement relates to the whole of the land included in the determination with the exception of Area A.
Detailed Information:
The Agreement covers rules of access to the land, camping, together with hunting, fishing and the collection of bush medicine by the native title holders when exercising their native title rights. In addition, the agreement covers use of natural resources for traditional purposes including the exchange of artefacts and bush tucker, as well as protecting sites of significance/cultural heritage management on the land. However they are restricted from creating significant physical disturbance to the land other than by those activities which are expressly agreed to by the parties.

The agreement also covers the use of land by the Pedersens in that they agree not to unreasonably interfere with the native title holders exercising their native title rights and agree to respect the religious and cultural sensitivities of the native title holders. The agreement also contains provisions in relation to the Pedersen's development of the property and their general care and maintenance of the land. Provided that native title is not extinguished, the native title holders will not object to the construction of up to five residences and associated amenities for the lineal descendants of the Pedersens.

Both parties agree to certain conditions in relation to tourists and campers to ensure that they do not interfere with either the Pedersen's or the native title holders' activities on the land.

The agreement includes a process for dispute resolution together with the obligation of each party to indemnify the other for any loss, damage or injury suffered as a result of the negligent act or omission of that party, in the sum of five million dollars.

Related Entries

Agreement
  • Western Yalanji or Sunset Peoples v Alan & Karen Pedersen & Ors [1998] 1269 FCA (28 September 1998)
  • Organisation
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • People
  • Western Yalanji People - Signatory
  • Pedersen, Alan and Karen - Signatory

  • References

    Report
    National Native Title Tribunal (1998) Native Title Determination: Western (Sunset) Yalanji, Queensland. (Application Number QG6002/96) September 1998

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Land Use Agreement (Australia)

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