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KULLA (McIlwraith Range & Mt Croll) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 May 2009
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:McIlwraith Range, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises around 2,090 square kilometres of land in the vicinity of Coen in the state of Queensland. The ILUA area is situated approximately 400 kilometres north of Cairns, near the east coast of the Cape York Peninsula. It falls within the jurisdiction of the Cook Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 May 2009. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2008/018
Subject Matter:Land Management
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/QI2008.018/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was signed by the State of Queensland and Jennifer Creek, Bernard Singleton, Phillip Port, Alison Liddy, Gavin Bassani, Noel Accoom, Florence Deemal, Lynette Thomas and Daniel De Busch on 6 August 2008. The purpose of this ILUA is to give effect to an Indigenous Management Agreement that provides for the joint management of the KULLA (McIlwraith Range) National Park on the Cape York Peninsula.
Detailed Information:
Background to this ILUA

This ILUA gives effect to the KULLA Indigenous Management Agreement, which provides for the joint management of the newly-formed KULLA (McIlwraith Range) National Park by the KULLA Land Trust and the Environment Protection Agency (Qld). The KULLA National Park has been dedicated as National Park (Cape York Peninsula Aboriginal Land) pursuant to the Nature Conservation Act 1992 (Qld), with the formation of an Indigenous Management Agreement being a pre-requisite to the creation of this new kind of protected area.

This ILUA provides for the dedication of this protected area, and also gives consent to a number of other acts:

Consent to future acts

Pursuant to this ILUA, the parties consent to the doing of a range of agreed acts, and the validation of any invalid agreed acts done in the ILUA area prior to the registration of this ILUA, to the extent that they are future acts.

The acts to which consent has been granted under this ILUA include all acts necessary to give effect to this agreement, the KULLA Indigenous Management Agreement and certain Conservation Agreements. They include the following:

  • The declaration of certain areas that are to be held under the KULLA Land Trust, the Muluna Land Trust and the Toolka Land Trust as transferable land, and the issuing of deeds of grant to the grantees of these lands under the Aboriginal Land Act 1991 (Qld);

  • The dedication, use and management of the area that is to be dedicated as National Park (Cape York Peninsula Aboriginal Land) under the Nature Conservation Act 1992 (Qld);

  • The declaration, use and management of certain proposed nature refuge areas as nature refuges under the Nature Conservation Act 1992 (Qld);

  • The dedication, use and management of the area that is to be dedicated as a reserve for community purposes under the Land Act 1994 (Qld), as well as the undertaking of infrastructure and construction works in the area;

  • The dedication, use and management of the proposed resources reserve area as a resources reserve;

  • The dedication, use and management of the additional National Park (Cape York Peninsula Aboriginal Land) areas as national park under the Nature Conservation Act 1992 (Qld);

  • The declaration of the additional Aboriginal Land Act 1991 Areas as transferable land and the issuing of deeds of grant to the grantees of that land under the Aboriginal Land Act 1991 (Qld);

  • Entry into and compliance with certain Conservation Agreements;

  • Entry into and compliance with the KULLA Indigenous Management Agreement; and

  • The granting of the KULLA Easement - an easement that is intended to be granted by the KULLA Land Trust to provide access to the new National Park.


  • Right to negotiate provisions

    The parties to this ILUA also agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) are not intended to apply to any of the future acts to which consent has been given under this agreement.


    For more information on the dedication and joint management of the KULLA (McIlwraith Range) National Park, please refer to the KULLA Indigenous Management Agreement, to which a link has been provided below.

    Related Entries

    Agreement
  • KULLA Indigenous Management Agreement
  • Marpa National Park (Cape York Peninsula Aboriginal Land) Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • KULLA Land Trust
  • Legislation
  • Cape York Peninsula Heritage Act 2007 (Qld)
  • Native Title Act 1993 (Cth)
  • Aboriginal Land Act 1991 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • Land Act 1994 (Qld)
  • People
  • Jennifer Creek and others - Signatory
  • Place
  • KULLA (McIlwraith Range) National Park (Cape York Peninsula Aboriginal Land)

  • References

    General Reference
    National Native Title Tribunal (13 May 2009) Extract from the Register of Indigenous Land Use Agreements: KULLA (McIlwraith Range & Mt Croll) ILUA
    National Native Title Tribunal (11 February 2009) Notice of Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements: KULLA (McIlwraith Range & Mt Croll) ILUA
    Queensland Government Environmental Protection Agency (EPA) (July 2008) KULLA (McIlwraith Range) NP (CYPAL) map
    Media Release
    The Hon Anna Bligh (Qld Premier) (6 August 2008) New National Park for Queenslanders
    Resource
    Department of Environment and Resource Management (Qld) (6 February 2009) Joint Management of Cape York Peninsula National Parks
    Publication
    National Parks Association of Queensland The New KULLA National Park

    Documents

    Map
    KULLA (McIlwraith Range & Mt Croll) Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | National Park | Future Act (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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