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Marpa National Park (Cape York Peninsula Aboriginal Land) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 April 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Princess Charlotte Bay, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) is Lots 15, 16 and 17 on SP224292, which comprises around 38 hectares of land located in the vicinity of Princess Charlotte Bay (south of Port Stewart and north of Running Creek). The ILUA area falls within the jurisdiction of Cook Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 39 April 2011. This is a Registered Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/040.
Subject Matter:Access | Land Management
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Marpa_National_Park_(Cape_York_Peninsula_Aboriginal_Land)_ILUA_QI2010_040.aspx
Summary Information:
The Marpa National Park (Cape York Peninsula Aboriginal Land) ILUA was agreed between:
- the State of Queensland
- Alison Liddy, Gavin Bassani and Peter Peter

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 on the date of agreement of the ILUA, being 29 April 2010.

Consent to 'Agreed Acts'

The parties consent to the grant of land to members of the Lama Lama Land Trust pursuant to the Aboriginal Land Act 1991 (Qld). This grant is to occur via the transfer of a Deed of Grant to the members of the Land Trust. The transfer of this deed will mean that the land (which was previously recognised as a national park) is recognised as Aboriginal Land under the Aboriginal Land Act 1991 (Qld).

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).

In so doing, the parties agree to enter into an Indigenous Management Agreement (IMA) under the Nature Conservation 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. The IMA agreement will set out a framework for the joint management of the national park between the traditional owners and the State of Queensland.

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 Lama Lama land trust

The Lama Lama land trust is also responsible for the joint management of the Lama Lama National Park (Cape York Peninsula Aboriginal Land) through an Indigenous Management Agreement signed with the Queensland Government in 2008. One of the indigenous signatories to the Marpa National Park ILUA, Gavin Bassani, is the chairman of the Lama Lama land trust. It is unclear what the relationship of the other indigenous signatories is to the Lama Lama land trust.

Context for this ILUA

This ILUA is the 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 and the subsequent joint management of that land between traditional owners and the State of Queensland. This particular ILUA will see the transfer of the Michell and Alice Rivers National Park to its traditional owners. The park will be renamed Errk Oykangand National Park and will be managed jointly with the State of Queensland.

This ILUA is the product of work done by the Cape York Tenure Resolution Implementation Group, which has worked with the Queensland Government to return over one million hectares of land to traditional owners. In particular, the Cape York Tenure Resolution Implementation Group negotiated the Cape York Peninsula Heritage Act 2007 (Qld), which provides for the establishment of a new class of national park - Cape York Peninsula Aboriginal Land (CYPAL). The act allows for joint management of CYPAL between the Queensland Government and traditional owners, as represented by a land trust. The Marpa National Park will be one of these new national parks.

While the contents of the joint management agreements vary, they will generally provide for traditional owner input in relation to:
- the development of 'resource and visitor management policies';
- the development of 'operational procedures' for the management of the parks including: pest control, fire management, permits and facilities (Department of Environment and Resource Management 2011)

Related Entries

Agreement
  • KULLA (McIlwraith Range & Mt Croll) Indigenous Land Use Agreement (ILUA)
  • Lama Lama Indigenous Management Agreement
  • Errk Oykangand National Park (Cape York Peninsula Aboriginal Land) Indigenous Land Use Agreement (ILUA)
  • Kalinga Mulkay Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • Legislation
  • Nature Conservation Act 1992 (Qld)
  • Aboriginal Land Act 1991 (Qld)
  • Cape York Peninsula Heritage Act 2007 (Qld)
  • People
  • Alison Liddy, Gavin Bassani and Peter Peter - Signatory

  • References

    General Reference
    Department of Environment and Resource Management (2011) Joint Management of Cape York Peninsula National Parks
    National Native Title Tribunal (26 January 2011) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements
    Media Release
    The Wilderness Society (23 October 2009) Mitchell-Alice National Park ‘Handback’ Proves Success of Cape York Indigenous-Conservation Agreements
    Resource
    Department of Environment and Resource Management (2011) About Marpa National Park (CYPAL)
    National Native Title Tribunal (2011) QLD - Registered ILUA - Marpa National Park (Cape York Peninsula Aboriginal Land) ILUA QI2010/040

    Glossary

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

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