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

Category: Agreement
Date: 3 June 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Western Cape York, Queensland, Australia
The Agreement Area covers about 490 sq km, located between the Pennefather River and Mapoon and north of Stones Crossing in western Cape York. This falls within the authority of the Mapoon 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.:QI2014/038
Subject Matter:Access | Future Act | Housing, Construction and Infrastructure | Land Planning | Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/038
Summary Information:
The Mapoon Aboriginal Shire Council Northern Cape York Group #2 Indigenous Land Use Agreement (ILUA) is an Area Agreement entered into by:

- Mapoon 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 Mapoon Aboriginal Shire Council for the continued operation, use and maintenance of infrastructure within the Agreement Area and to permit the performance of certain future acts.
Detailed Information:
Details of the agreement

Commencement

The Extract notes that, subject to certain exceptions, Clauses 1 - 6 and 14 - 29 of the Agreement commence operation on 3 June 2014.

The remaining Clauses come into effect on the date of registration, being 27 October 2014. No end date is specified.

Native Title Provisions

The Extract notes that Subdivision P of Division 3 of Part 2 of the Native Title Actis not intended to apply to any future acts for which the parties have given consent to. This means that the right to negotiate provisions do not apply as the alternative consultation provisions are to be followed instead.

The purpose of the Agreement is to permit for the continued operation, use and maintenance of:

(a) "Non-Extinguishing Infrastructure;
(b) the land on which the Non-Extinguishing Infrastructure is located; and
(c) any land or waters which is adjacent to the land on which and Non-Extinguishing Infrastructure is located which is necessary for, or incidental to, the operation of the Non-Extinguishing Infrastructure."

Non-Extinguighing Infrastructure

As Council infrastructure that:

(a) "not Extinguishing Infrastructure; and
(b) was constructed or established within the ILUA Area on or before the Commencement Date, being 3 June 2014.

Public Roads

The parties to the Agreement provide consent to the

(i) operation and maintenance by Mapoon Aboriginal Shire Council;
(ii) public use; and
(iii) the dedication by the Minister of the area.

The Extract defines 'off alignment roads' as this within Road Opening Areas that have been built outside the area of land dedicated, declared or notified or taken for public use as a road, and notes the parties' acknowledgement of this definition.

Further, the parties to the Agreement consent to:

(a) "the operation and maintenance of off alignment roads by or on behalf of the Council ;
(b) the use by the public of off alignment roads; and
(c) to the extent that the off alignment roads are constructed outside the area of land dedicated , declared, notified or taken for public use as a road, the dedication by the Minister to a width of up to sixty (60) metres, of the Road Opening Area."

Future Council Works and Activities

The Extract notes Clause 10 of the Agreement. This Clause provides that, where the Mapoon Aboriginal Shire Council seeks to construct or carry out 'Works or Activities' in the Agreement Area for which the Council has not already obtained consent under the Agreement, the Council may seek to obtain consent of the parties. The Council may do so by having the act become an Approved Future Act. To do so, the Council is obliged to follow the process outlined in Schedule 2 of the Agreement (see attached.)

With respect to whether the Council's proposed 'Work or Activity' is an 'Approve Future Act', the Extract notes Clause 10.2. That Clause provides that 'Work or Activity' will be an Approved Future Act if:

(a) "it is described in a Proposed Activity Notice or Revised Activity Notice given to the Native Title Parties; and
(b) either:-
(i) the Native Title Parties have given a Concurrence Notice; or
(ii) consent is deemed to be given under paragraph 10 of Schedule 2.

Under Clause 10.4, the parties specifically agree to the performance of Approved Future Acts.

Notably, the Extract makes specific mention of Clause 10.5 of the Agreement, which states that Clause 10 "does not apply to any Work of Activity described in Schedule 7 which is to occur in whole or in part within the area of Lot 4 on SP 252512."

Minor Works or Activities

Clause 11 provides the parties' consent to the construction or carrying out of Minor Works or Activities conditional on satisfying the terms of Schedule 3 (see attached).

Schedule 3 of the Agreement defines Minor Works or Activities 3. Examples of the type of activity outlined in Schedule 3 include tree lopping, inspection of infrastructure, fencing and maintenance.

Background to the ILUA

Native Title in the ILUA Area

The agreement area covers all of the land and waters within that part of native title determination application QUD156/2011 Northern Cape York Group #2 (QC2011/003) within the Mapoon
Aboriginal Council Local Government boundary.

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

Organisation
  • Mapoon Aboriginal Shire Council - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Northern Cape York Group #2 - Signatory

  • Documents

    Document
    Mapoon Aboriginal Shire Council Northern Cape York Group #2 Indigenous Land Use Agreement (ILUA) Future council works and activities - ( PDF)
    Mapoon Aboriginal Shire Council Northern Cape York Group #2 Indigenous Land Use Agreement (ILUA) extract - ( PDF)
    Mapoon Aboriginal Shire Council Northern Cape York Group #2 Indigenous Land Use Agreement (ILUA) Map and Description of the ILUA area - ( PDF)
    Mapoon Aboriginal Shire Council Northern Cape York Group #2 Indigenous Land Use Agreement (ILUA)Minor works or activities - ( PDF)

    Glossary

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

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