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Wik and Wik Way People and Cook Shire Council Indigenous Land Use Agreement (ILUA) #3

Category: Agreement
Date: 8 February 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Between Aurukun and Coen , Queensland, Australia
The Agreement Area covers about 5133.190 sq km over Lot 653 on SP178000, Lot 1 on YK4 and parts of Lot 1 on SP177772 and Lots 2 and 3 on SP140870; situated between Aurukun and Coen. The Agreement Area is located in North West Queensland and is governed by the Cook Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 8 February 2013. This is an authorised Agreement Area under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2012/080
Subject Matter:Consultation | Future Act | Local Government | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Wik_and_Wik_Way_People_and_Cook_Shire_Council_ILUA_3_QI2012_080.aspx
Summary Information:
The Indigenous Land Use Agreement (ILUA) was agreed between:

- Anthony Kerindun, Victor Kuukumu Lawrence, Hogan Shortjoe and Silas Wolmby on their own behalf and on behalf of the Wik & Wik Way People; and

- the Cook Shire Council

on 8 February 2012.

The purpose of the ILUA is to provide consent to the doing of Approved Future Acts, including consent to the conditional construction or carrying out of Minor Works or Activities in the Agreement Area. These Acts are not subject to Subdivision P of the Native Title Act 1993 (Cth) and do not invoke the obligation of negotitation between parties to the Agreement.

Detailed Information:
Details of the Agreement

The ILUA Extract includes a Clause to the effect that, should land or waters within the Agreement Area no long form part of the local government area of the Cook Shire Council, the Agreement Area will be reduced accordingly.

The ILUA provides consent for the doing of certain Future Acts including construction, repair and maintentance of the Agreement Area. The parties to the Agreement are not obliged to engage in negotiations (per Subdivision P of the Native Title Act 1993 (Cth)) before such acts are undertaken.

Commencement

This ILUA is registered to commence on 8 February 2013. The extract states that Clauses 1 - 6 and 15 - 25 of the ILUA commence on the the commencement date, being 22 August 2012. The remaining Clauses commence on the registration date, or the Determination Date (11 October 2012), whichever is the later.

Native Title Provisions

The parties consent to the doing of Approved Future Acts under the Native Title Act. Such Future Acts extend to the construction or carrying out of Minor Works or Activities. These Works of Activities are conditionally defined as those involving:

- the construction of Council Infrastructure for emergency situations;
- tree lopping in the immediate vicinity of such Council Infrastructure;
- repairs to any damaged Council Infrastructure;
- reinstating any destroyed Council Infrastructure;
- the inspectition of Council Infrastructure;
- maintenance of Council Infrastructure;
- fencing or barricading works around Council Infrastructure;
- erecting of sign posts; and
- the accessibility of the ILUA Area at reasonable times to undertake any Works or Activities described above.

The ILUA Extract notes that consent to the Future Acts does not require parties to engage in negotiations prior to the Future Acts being undertaken. Therefore Subdivision P of Division 3 of Part 2 of the Native Title Act (the right to negotiate) does not apply with respect to Minor Works consented to in the ILUA.

Background to the Agreement

The Agreement Area falls within the Consent Determination Area the subject of the native title claim decision of the Federal Court - the Wik and Wik Way Native Title Claim Group v State of Queensland [2012] FCA 1096.

The Wik and Way native title applicaiton process commenced on March 1994 and was Queensland's longest running claim.

In 2000 there was a determination that native title exists over the land and waters of Part A of the area covered by the application. Then in 2004, two determinations were made over part of Part B of the area covered by the application.

The current Wik and Wik Way Native Title Determination No. 4 covers 4,500 square kilometres of land and waters over which the Wik and Wik Way Peoples have maintained their traditional and customary connection. The determination area comprises several separate pastoral leases known as the Watson River Lease, the Kendall River Lease, the Piccaninny Plains Lease, the Merluna Lease and the Leconsfield Lease (also known as the Crystalvale Lease).

The waters covered by this determination are those parts of the Holroyd and Archer Rivers which adjoin parts of the boundary of particular leases and other waters associated with the leases.

Natural Resources and Mines Minister Andrew Cripps said the Queensland Government welcomed the decision. The determination was the 76th native title determination in Queensland and the 70th by consent.

The Wik & Wik Way People now possess native title rights over more than 28,000 around Aurukun and Weipa.

The chairman of the Cape York Land Council, Richie Ah Mat, says the negotiated agreement proves native title and pastoral leases can co-exist.

Native Title in the ILUA Area

Native Title in the Agreement Area has previously been recognised by Consent Determination in the Federal Court decision of Wik and Wik Way Native Title Claim Group v State of Queensland [2012] FCA 1096.


Related Entries

Agreement
  • Wik and Wik Way Native Title Claim Group v State of Queensland [2012] FCA 1096
  • Wik Timber Project Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Cook Shire Council - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Wik and Wik-Way People - Signatory
  • Anthony Kerindun and others on their own behalf and for and on behalf of the Wik and Wik Way Peoples - Signatory
  • Anthony Kerindun & others on behalf of the Wik and Wik Way Native Title Claim Group - Signatory

  • References

    General Reference
    National Native Title Tribunal (2013) Wik and Wik Way People and Cook Shire Council ILUA #3 Extract

    Documents

    Map
    Wik and Wik Way People and Cook Shire Council ILUA #3 QI2012/080 Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Respondent | Applicant | Native Title Claimants (registered) (Australia)

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