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Kalinga Mulkay Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 26 May 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Northwest of Laura, Queensland, Australia
The ILUA covers Lots 36 and 37 on map SP2125745. The ILUA area is located northwest of Laura in the vicinity of Hann River Roadhouse. The ILUA area is approximately 797 square kilometres and is 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 31 March 2011. This is a Registered Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/036.
Subject Matter:Access | Land Management | Land Planning | Management / Administration
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.036/ILUARegisterExport.pdf
Summary Information:
The Kalinga Mulkay ILUA was agreed between:
- State of Queensland
- Michael Ball, Esmae Bowen, Delores Friday, Aileen Gale, Gavin Goggleye, Kevin Johnson, Thomas George (Jnr), Colin Lawrence, Elaine Price, Michael Ross, Josephine Sailor, Edward Turpin and Brandon Ford.

The purpose of the ILUA is to provide prospective and retrospective consent for a number of 'Agreed Acts'.
Detailed Information:
Commencement of Agreement

The agreement is to commence upon the date of registration of the ILUA (31 March 2011). Certain clauses of the agreement (none of which are detailed in the ILUA extract) will come into effect at an earlier data, being the date of agreement of the ILUA.

Consent to 'Agreed Acts'

The parties consent to the declaration of certain land within the agreement area as 'transferable land' under the Aboriginal Land Act 1991 (Qld). Such a declaration enables land to be transferred or granted to traditional owners to enable them to manage land in accordance with their traditional laws and customs.

In this case, Lot 36 on map SP2125745 is to be granted to the Olkola Aboriginal Corporation Land Trust and Lot 37 on map SP2125745 is to be granted to Possum and Thaypan Grantees.

Additionally, the parties consent to the dedication, use and management of the abovementioned land as a national park pursuant to the Nature Conservation Act 1992 (Qld). The relevant areas that are to be dedicated as national parks are known as Mulkay (42,510 hectares) and Kalinga (37,170 hectares). Mulkay is to become Alwal National Park and will be jointly managed between the Olkola Aboriginal Corporation Land Trust and state of Queensland. Kalinga is to be jointly managed by the Kyerrwanhdha Thingalkal Land Trust (who represent the Possum and Thaypan people) and the State of Queensland (Jones 2010).

In so doing, the parties consent to enter into a Conservation Agreement in a similar form to that draft agreement attached as a schedule to the ILUA. Details of this Conservation Agreement are not provided on the ILUA Register Extract, however, a media release indicates that they include consent for the development of a Nature Refuge within the ILUA area (Jones 2010). Similarly, the parties agree to enter into an Indigenous Management Agreement under the Aboriginal Land Act 1991 (Qld), in a similar form to that draft agreement attached as a schedule to the ILUA. Details of this agreement are not provided on the ILUA Register Extract.

Retrospective Consent

The parties also agree to validate any of the abovementioned acts where they were done invalidly prior to the registration of this ILUA.

General Provisions

The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to acts agreed upon within this ILUA.

Background

The indigenous persons party to this agreement (being Michael Ball, Esmae Bowen, Delores Friday, Aileen Gale, Gavin Goggleye, Kevin Johnson, Thomas George (Jnr), Colin Lawrence, Elaine Price, Michael Ross, Josephine Sailor, Edward Turpin and Brandon Ford) are the applicants for the Olkola and Thaypan People's native title claim (NNTT File No: QC03/09; Federal Court No: Q6009/03). This claim relates to approximately 4020 square kilometres of land and waters west of Cooktown in Cape York. This claim, which is currently in mediation, was filed with the National Native Title Tribunal on 7 August 2003. It was filed in response to a notice that high impact exploration permits were being sought in the determination area.

This ILUA is one of a series of ILUAs which provides for the transfer of Aboriginal Freehold Land under the Aboriginal Land Act 1991 (Qld) to traditional owners. This ILUA has been heralded as a historic agreement as it provides for the joint management of approximately 43,500 hectares of national park in Cape York. It is the fifth jointly owned and managed national park in Queensland, which now cover 274,365 hectares in total.

Related Entries

Agreement
  • Rindoparr Area B Indigenous Land Use Agreement (ILUA)
  • Errk Oykangand National Park (Cape York Peninsula Aboriginal Land) Indigenous Land Use Agreement (ILUA)
  • Marpa National Park (Cape York Peninsula Aboriginal Land) Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • Legislation
  • Aboriginal Land Act 1991 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • People
  • Kuku Thaypan People
  • Thaypan Peoples
  • Michael Ball, Esmae Bowen, Delores Friday, Aileen Gale, Gavin Goggleye, Kevin Johnson, Thomas George (Jnr), Colin Lawrence, Elaine Price, Michael Ross, Josephine Sailor, Edward Turpin and Brandon Ford. - Signatory
  • Olkola/ Kunjen Peoples

  • References

    Decision
    National Native Title Tribunal (8 September 2003) Registration Test - Edited Reasons for Decision
    Media Release
    Kate Jones (26 May 2010) State Government Creates New National Park in the Cape
    Resource
    National Natie Title Tribunal (2009-2010) Annual Report 2009-10: Operational Performance
    National Native Title Tribunal QLD - Registered ILUA - Kalinga Mulkay ILUA QI2010/036
    National Native Title Tribunal Claimant Application Summary - Olkola and Thaypan Peoples

    Documents

    Map
    Kalinga Mulkay Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Aboriginal Land Trust (Queensland) (Australia) | Indigenous Management Agreement (IMA) (Aboriginal Land Act 1991 (Qld)) (Australia) | National Park | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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