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Northern Peninsula Area Regional Council Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the Cape York Peninsula, Queensland, Australia
The Agreement Area covers about 1022 sq km in the northern part of Cape York Peninsula in the State of Queensland. The Agreement Area includes all the land and waters within the Northern Peninsula Regional Council, excluding the following isles and islets: - Lot 21 on Plan S045 - Barn Island (Parau Island); - S023 Crab Island - Lot 2 on Plan; - Lot 114 on Plan S069 - Mouinndo Islet; - Lot 68 on Plan SO69 - Red Island; and - Lot 67 on Plan SO69 - Tuluaa Islet.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 April 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/075
Subject Matter:Housing, Construction and Infrastructure | Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/075
Summary Information:
The Northern Peninsula Area Regional Council Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Northern Peninsula Area Regional Council; and

- Larry Woosup, Asai Pablo, Charles Woosup, Walter Moses, Anzac McDonnell, Francis Brisbane, Meun Lifu, George Pausa and
Bernard Charlie on their own behalf and on behalf of the Northern Cape York Group #1.

The purpose of the Agreement is to provide consent for the doing of certain Minor Works and Activities, including the development of Council Infrastructure, within the Agreement Area.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 2 April 2015.

The Extract does not specify a start or end date for the Agreement.

The Extract does note, however, that Clauses 1 - 6 (excluding clauses 4.4, 4.5, 4.6 and 5) and 14 - 29 commence on the
Commencement Date, being 15 October 2014.

The remaining Clauses commence on the registration of the Agreement, being 2 April 2015.

Native Title Provisions
Right to Negotiate

Subdivision P of Division 3 of Part 2 of Native Title Act is not intended to apply to any Future Acts for which the Native Title Parties have given consent to.

Non-Extinguishment Infrastructure

Non-Extinguishment Infrastructure relates to infrastructure built before the commencement date, not being a public work validly constructed or established on or before 23 December 1996.

The Native Title Parties consent to the continuing operation, use and maintenance of:

(a) the 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 the Non-Extinguishing Infrastructure is located which is necessary for, or incidental to, the operation of the Non-Extinguishing Infrastructure.

Further Consent

In addition, the Parties consent to:

(a) the operation and maintenance by or on behalf of the Council;
(b) the use by the public; and
(c) the dedication by the Minister, of that area of land within the Road Opening Area.

Road Construction

The parties to the Agreement acknowledge that certain constructed roads within the Road Opening Area have
been constructed wholly or partially outside the area of land dedicated, declared, notified or taken for public use as a road ('off alignment road').

Further Consents

Further, the Native Title Parties 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 of 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) meters, of the Road Opening Area.

Work or Activity as Approved Future Act

A Work or Activity is an Approved Future Act for the purposes of the Agreement 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.

Approved Future Acts

The Parties consent to the doing of Approved Future Acts.

This includes consent to the construction or carrying out of Minor Works or Activities.

Consent to Approved Future Acts does not apply to any part of the Agreement Area where Native Title Rights and
Interests have been extinguished.

Minor Works or Activities

'Minor Works or Activities' are described in Schedule 3 (See attached) and include:

- tree lopping;
- inspection;
- repairing damaged infrastructure; and
- fencing and barricading infrastructure.

Works and Activities

'Works or Activities' means any Council Infrastructure or activity or grant of any Occupancy Interest that Council may provide or undertake after the Commencement Date other than Minor
Works or Activities.

Council Infrastructure

'Council Infrastructure' means infrastructure or works owned, maintained, controlled or operated by the Council for a Public Purpose including:
(a) amenities, buildings, causeways,cemeteries, conduits, crossings, dams, drains, jetties, pipes, recreation facilities, reservoirs, roads, rubbish dumps, service infrastructure, sheds, transfer stations and wharves; and
(b) works serving a public need or for a Public Purpose; and
(c) Public Works.

Native Title in the ILUA Area


Related Entries

Agreement
  • Woosup on behalf of the Northern Cape York Group #1 v State of Queensland (No 3) [2014] FCA 1148
  • Organisation
  • Northern Peninsula Area Regional Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Larry Woosup, Asai Pablo, Charles Woosup, Walter Moses, Anzac McDonnell, Francis Brisbane, Meun Lifu, George Pausa and Bernard Charlie on their own behalf and on behalf of the Northern Cape York Group #1 - Signatory
  • Larry Woosup, Asai Pablo, Charles Woosup, Walter Moses, Anzac McDonnell, Francis Brisbane, Meun Lifu, George Pausa and Bernard Charlie on their own behalf and on behalf of the Northern Cape York #1 Peoples

  • Documents

    Map
    Northern Peninsula Area Regional Council Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Northern Peninsula Area Regional Council Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Northern Peninsula Area Regional Council Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA) Minor Works and 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) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Local Government | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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