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Oyala Thumotang National Park (Cape York Peninsula Aboriginal Land) and adjacent Aboriginal Land Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 December 2012
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act) | Joint Management Agreement
Location:In the vicinity of Coen, Cape York Peninsula, Queensland, Australia
The area subject to this agreement covers about 4,580 square kilometres and is located approximately 20 kilometres north west of Coen on Cape York Peninsula.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 December 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/071.
Subject Matter:Consultation | Cultural Heritage | Environmental Heritage | Future Act | Implementation | Land Management | Land Planning | Recognition Agreement / Acknowledgement
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Oyala_Thumotang_National_Park_%28Cape_York_Peninsula_Aboriginal_Land%29_ILUA_QI2012_071.aspx
Summary Information:
The Oyala Thumotang National Park (Cape York Peninsula Aboriginal Land) and adjacent Aboriginal Land Indigenous Land Use Agreement (ILUA)is an agreement between:
- The State of Queensland;and
- Victor Lawrence, Allan Creek and Phillip Port on their own behalf & on behalf of the Wik Mungkan People, the Southern Kaanju People and the Ayapathu People.

The purpose of the agreement is for the parties to give their consent to the doing of Agreed Future Acts - namely, to the granting of land as Aboriginal Land under the Aboriginal Land Act 1991(Qld) and as national park under the Nature Conservation Act 1992 (Qld).
Detailed Information:
Background to the Agreement

In 1974, the then-Queensland Bjelke Petersen government stopped John Koowarta from buying a cattle lease with Federal Government assistance over his traditional lands on the grounds that Aboriginal people already had enough land. The matter eventually ended up in the High Court, and the dispute turned into a constitutional argument over the validity of the Commonwealth's Anti-Discrimination Act. John Koowarta's legal team won by a 4-3 majority. However, the Bjelke-Petersen Government still succeeded in stopping the Wik Mungkan people from gaining ownership or access over their traditional lands when it declared the area a national park.

This ILUA revokes the national park and restores the land to its traditional custodians.

According to Queensland Premier Campbell Newman: "The return of this land as freehold serves in part to rectify a past action whereby Wik Mungkan People were prevented from purchasing the Archer Bend Pastoral Holding as a pastoral lease".

"With the return of this land, we are closing a chapter of history and building a joint' approach to conservation, as well as forming a strong working relationship with Traditional Owners."

Details of the Agreement

Commencement

The ILUA commences on the date of registration, 13 December 2012.

Parties consent

The parties -
(a) consent to the doing of the Agreed Acts; and
(b) agree to the validating of any invalid Agreed Acts done on the Agreement Area prior to the
Registration Date, to the extent that they are Future Acts.

To avoid any doubt, the right to negotiate contained in Part 2 Division 3 Subdivision P of the Native Title Act 1993 (Cth) does not apply to the doing of the Agreed Acts.

"Agreed Acts" means all acts necessary to give effect to this Agreement, including the:
(a) grant of the Proposed ALA [Aboriginal Land Act 1991 (Qld)] Area as Aboriginal Land to the Land Trust;
(b) State and the Land Trust entering into and complying with the IMA [Indigenous
Management Agreement];
(c) dedication, use and management of the Proposed National Park (CYPAL) Area as a national park (Cape York Peninsula Aboriginal Land) under the NCA [Nature Conservation Act 1992 (Qld)];
(d) State and the Land Trust entering into and complying with the Conservation Agreement;
(e) declaration, use and management of the Proposed Nature Refuge Area as a nature refuge under the NCA;
(f) dedication, use and management of the Proposed
Resources Reserve Area as a resources reserve under the NCA;
(g) declaration by regulation of the Additional ALA Areas as Transferable Land and the issuing of deeds of grant to the Land Trust for the Additional ALA Areas under the ALA; and
(h) dedication, use and management of the Additional National Park (CYPAL) Areas as national park (CYPAL) under the NCA.

Native Title in the ILUA area

There is no native title in the ILUA area. However, the effect of the ILUA is to transfer land tenure from the state into Aboriginal land.

Related Entries

Organisation
  • State of Queensland - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Aboriginal Land Act 1991 (Qld)
  • People
  • Wik Mungkan People
  • Southern Kaanju People
  • Ayapathu People
  • Victor Lawrence, Allan Creek and Phillip Port, on their own behalf & on behalf of the Wik Mungkan People, the Southern Kaanju People and the Ayapathu People. - Signatory

  • References

    General Reference
    Peter McCutcheon (22/05/2012) 'Cape York land agreement makes history'
    Queensland Premier, The Honourable Campbell Newman (22/05/2012) 'Historic handover of Cape York Park'
    National Native Title Tribunal (NNTT) Extract from the Register of Indigenous Land Use Agreements for Oyala Thumotang National Park (Cape York Peninsula Aboriginal Land) and adjacent Aboriginal Land ILUA
    Australian Conservation Foundation 'Mungkan Kandju land handover rights a wrong', 22 May 2012

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Land Trust (Queensland) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | National Park | State Government

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