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Northern Cape York Group #2 Napranum Aboriginal Shire Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 May 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Western Cape York, Queensland, Australia
The Agreement Area includes an area covering about 1,421 sq km, located between Weipa and Mapoon in western Cape York. The Agreement Area comes within the authority of the Napranum Aboriginal Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 October 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/037
Subject Matter:Future Act
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/037
Summary Information:
The Northern Cape York Group #2 Napranum Aboriginal Shire Council Indigenous Land Use Agreement (ILUA) is an Area Agreement entered into by:

- Napranum Aboriginal Shire Council; and

-Maryanne Coconut, Grace John, Malcolm Callope, Charles Budby, Gabriel Mairu, Florence Hector, Ivy Gordon, Andrea Toby, Maurice Woodley, Victoria Kennedy, Celia Fletcher, Agnes Mark, Alma Day, Harriet Flinders, Florence Luff, Neville Motton, Rhonda Parry, Allison Sailor, Raymond AhMat, Linda McLachlan, Michelle Kostecki (nee AhMat) on behalf of the Northern Cape York Group #2 (QUD156/2011).

The purpose of the Agreement is to provide consent on behalf of the Northern Cape York Group #2, to the Napranum Aboriginal Shire Council to perform both low and high native title impact activities within the Agreement Area.
Detailed Information:
Details of the agreement

Commencement

The Agreement commences operation on 23 May 2014, however was not registered until 27 October 2014.

The Extract notes that the Agreement continues indefiently from the 'Execution Date' (being the date on which the last party signed the Agreement) unless and until the Agreement is terminated.

Native Title Provisions

The purpose of the Agreement being to provide consent for the doing of low and high native title impact activities, the Extract notes Clauses 22.2 and 22.3 which provide parties' consent for the performance of these activities.

'Low Native Title Impact Activities' are comprehensively outlined in Schedule 4 (see attached). Examples of these activities include:

- maintenance;
- creation of contractural interests;
- access and site investigation; amd
- caring for country.

With respect to 'High Native Title Impact Activities', additional requirements must be fulfilled. These requirements are outlined in Clause 22.4 as:

(a) provision of Notice to the Northern Cape York Group #2 members; and
(b) Consultation.

The Extract notes that Clause 23 of the Agreement relates to the Consultation and Notice requirements, but does not provide detailed information about these requirements.

High Native Title Impact Activities are detailed in Schedule 5 of the Agreement (see attached), and may include:

- High impact infrastructure;
- high impact tenure grants; and
- preventing exercise of native title.

Further, the parties agree the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply as the alternative consultation provisions are to be followed instead.

Background to the ILUA

Native Title in the ILUA Area

the area covered by the ILUA falls within all the land and waters covering native title determination application for the Northern Cape York Group #2 (QUD156/2011; QCD2011/003), as accepted for registration on 16 December 2011.

On the 20th June 2014 it was determined in Coconut on behalf of the Northern Cape York #2 Native Title Claim Group v State of Queensland [2014] FCA 629, that Native title exists in relation to that part of the Determination Area, and is held by the Northern Cape York #2 Native Title Claim Group. Exclusive and non-exclusive rights were granted.

Related Entries

Agreement
  • Northern Cape York Group #2 and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Napranum Aboriginal Shire Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Northern Cape York Group #2 - Signatory

  • Documents

    Map
    Northern Cape York Group #2 Napranum Aboriginal Shire Council Indigenous Land Use Agreement (ILUA) - map - ( PDF)
    Northern Cape York Group #2 Napranum Aboriginal Shire Council Indigenous Land Use Agreement (ILUA) - written description of agreement areas - ( PDF)
    Northern Cape York Group #2 Napranum Aboriginal Shire Council Indigenous Land Use Agreement (ILUA)- extract - ( PDF)
    Northern Cape York Group #2 Napranum Aboriginal Shire Council Indigenous Land Use Agreement (ILUA)- high native title impact activities areas - ( PDF)
    Northern Cape York Group #2 Napranum Aboriginal Shire Council Indigenous Land Use Agreement (ILUA)- low native title impact activities areas - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Claimants (registered) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Applications/Claims (Australia) | Native Title Registers

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