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Hopevale Congress Aboriginal Corporation Body Corporate Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 2 December 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland , Australia
The agreement area covers about 930 square kilometres, located north of Cooktown in the vicinity of Cape Bedford.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on the 2 December 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: Tribunal file no: QI2011/053
Subject Matter:Future Act | Land Transaction
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Hopevale_Congress_Aboriginal_Corporation_Body_Corporate_ILUA_QI2011_053.aspx
Summary Information:
The Hopevale Congress Aboriginal Corporation Body Corporate Indigenous Land Use Agreement (ILUA) is a body corporate agreement between:

- Hopevale Congress Aboriginal Corporation RNTBC;
- Dhubbi Warra Aboriginal Corporation RNTBC; and
- Francis Deemal, Victor Gibson, Brian Cobus.

The purpose of the agreement is to provide consent to a number of land transactions.
Detailed Information:
Details of the agreement

Future Acts

The parties consented to:
- the transfer of the Deed of Grant In Trust (DOGIT) part A to Hopevale Congress Aboriginal Corporation under the Aboriginal Land Act 1991 (QLD).

Following this grant (and subject to reasonable funding) the parties further consented to:
- the grant of the council leases;
- the grant of Blockholder's leases;
- the lawful opening of certain public roads within the agreement area.

The precise definitions of council leases and blockholder leases are extremely specific and complex and can be found in the definition section of the Extract if necessary.

Right to Negotiate

The Right to Negotiate, ennunciated in Subdivision P, Division 3, Part 2 does not apply to Future Acts.


Background

Hopevale was initially a Lutheran mission. The mission was in place until 1986 when a Deed of Grant in Trust (DOGIT) was made in favour of the Aboriginal community.

An Application for Native Title was lodged in the Federal Court of Australia in June 1996, on behalf of 11 Hopevale clans. Another two clans joined the proceedings at a later date. These 13 clans joined together to form the Hopevale Congress of Clans. It was agreed that this 'Congress' body was the appropriate body to claim native title and they received a determination granting Native Title in December 2007.

The Hopevale Congress Aboriginal Corporation, together with the Dhubbi Warra Aboriginal Corporation and Walmbaar Aboriginal Corporation now administers land on behalf of the Gamaay people.

On the 15 December 2011, the State of Queensland granted 110,000 hectares of freehold title land under the Aboriginal Land Act 1991 (Qld) to the Aboriginal people of Hopevale through the Hopevale Congress in the form of a Deed of Grant In Trust (DOGIT). The Queensland Government also gave an ex-gratia payment of $6.5 million in compensation for the mining royalties collected by the Government from the nearby Cape Flattery silica mine. These steps, formally recognised Indigenous ownership of the land under the State's tenure system (Media Statement, Honourable Rachel Nolan).

The grant was a somewhat controversial step within some Aboriginal communities and was strongly disputed by the Hope Vale Council. The Council felt that the Congress would 'favour some residents over others and fuel rivalries in the already divided community' when distrubting the money. (Ryan and Nancarrow, 2011) The Cairns Supreme Court refused an emergency injunction made by the Council who wanted to stop the handover.

Related Entries

Agreement
  • Hopevale Heads of Agreement
  • Erica Deeral (on behalf of herself and the Gamaay Peoples) & Ors v Gordon Charlie & Ors [1997] 1408 FCA (8 December 1997)
  • Organisation
  • Hopevale Congress Aboriginal Corporation - Signatory
  • Dhubbiwarra Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • Hopevale Aboriginal Council
  • Hopevale Congress of Clans
  • Legislation
  • Aboriginal Land Act 1991 (Qld)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Francis Deemal, Victor Gibson and Brian Cobus

  • References

    General Reference
    National Native Title Tribunal (2011) Registered ILUA - Hopevale Congress Aboriginal Corporation Body Corporate ILUA QI2011/053
    Media Release
    The Honourable Rachel Nolan (15/12/2011) Ministerial Media Statements; Handover of land supports traditional ownership on remote Aboriginal community
    National Native Title Tribunal (1997) Hopevale native title agreement shows way forward: President
    National Native Title Tribunal (1996) Native Title Act Helps Resolve Hopevale Land Issues
    National Native Title Tribunal (1997) Tribunal President Welcomes Hopevale Determination
    Newspaper Article
    Brad Ryan and Kirsty Nancarrow (15 December 2011) Indigenous land handover to go ahead
    Sarah Elks (14 December 2011) Court decision pending on Cape York's Hopevale mining royalty dispute
    Report
    AIATSIS (22 July 2008) Prescribed Bodies Corporate Profile: Hopevale Congress Aboriginal Corporation

    Documents

    Map
    Hopevale Congress Aboriginal Corporation Body Corporate ILUA Map - ( Image | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Deed of Grant in Trust (DOGIT) (Australia) | Future Act (Native Title Act 1993 (Cth)) (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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