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Hopevale Congress Aboriginal Corporation - Social Housing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 8 April 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Hopevale. , Queensland. , Australia
The Agreement Area covers about 929 square kilometres over part of the Hopevale area. Hopevale, (or Hope Vale) is an Aboriginal community located on Cape York Peninsula approximately 46 kilometres north west of Cooktown. The local government region is the Hope Vale Aboriginal Shire Council. The ILUA Area refers to all land and waters within Lot 35 on SP232620 where native title was determined to exist in Native title determination QUD174/1997, Erica Deeral (on behalf of herself & the Gamaay Peoples) & Ors v Gordon Charlie & Ors (QCD1997/001) and excludes the area administered by the Walmbaar Aboriginal Corporation RNTBC as shown in the description and map at Schedule 2.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 June 2014.
Legal Reference: National Native Title Tribunal File No.: QI2014/027
Subject Matter:Economic Development | Future Act | Health and Community Services | Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/027
Summary Information:
The Hopevale Congress Aboriginal Corporation - Social Housing Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Hopevale Congress Aboriginal Corporation (applicant); and

- Dhubbi Warra Aboriginal Corporation

on 16 June 2014.

The purpose of the ILUA is to provide for consent for particular 'agreed acts' related to the grant of a Social Housing Lease and the creation of an easement over the land subject to the lease.
Detailed Information:
Details of the Agreement

Commencement

The Agreement was registered with the National Native Title Tribunal (NNTT) on 16 June 2014. The Extract states that the start date is 8 April 2014 but does not specify an end date.

The Agreement commences on 8 April 2014 (the commencement date) except for Clause 7 which commences on 16 June 2014 (the registration date).

Agreement

The Agreement operates to provide the parties' consent to certain 'agreed acts'. These
agreed acts' are outlined in the Extract as follows:

a) The grant of a lease, an amended lease or a sublease;

b) The registration of a lease or amended lease under the Land Title Act 1994 (Qld), the Land Act 1994 (Qld) and the Aboriginal Land Act 1991 (Qld) within the ILUA area;

c) Undertaking activities related to the lease, amended lease or sublease, such as survey activities, geotechnical investigations, the grant of any permits or authorities, the upgrade, renovation and restoration of any Social Houses, the use of any Social Houses and land and the creation of any interests (other than a grant of freehold title or the renewal or extension of a lease); and

d) The surrender by the State of any part of a lease within the Agreement Area in order to allow the grant of a subsequent interest in the land (but not for the grant of the subsequent interest itself) or for another purpose that is not a purpose of the Social Housing Project.

Clause 8.1 of the Extract states that the parties consent to the creation of an easement allowing access to the area subject to the Social Housing Lease.

Native Title Provisions

Right to negotiate provisions do not apply

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

Background

Native Title in the ILUA Area

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 distributing 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
  • Erica Deeral (on behalf of herself and the Gamaay Peoples) & Ors v Gordon Charlie & Ors [1997] 1408 FCA (8 December 1997)
  • Hopevale Heads of Agreement
  • Organisation
  • Hopevale Congress Aboriginal Corporation - Signatory
  • Dhubbiwarra Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • Hopevale Aboriginal Council
  • Hopevale Congress of Clans
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Land Act 1994 (Qld)
  • Aboriginal Land Act 1991 (Qld)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • References

    Media Release
    The Honourable Rachel Nolan (15/12/2011) Ministerial Media Statements; Handover of land supports traditional ownership on remote Aboriginal community
    Newspaper Article
    Brad Ryan and Kirsty Nancarrow (15 December 2011) Indigenous land handover to go ahead

    Documents

    Map
    Hopevale Congress Aboriginal Corporation - Social Housing ILUA - Map - ( PDF)
    Hopevale Congress Aboriginal Corporation - Social Housing ILUA - Description - ( PDF)
    Hopevale Congress Aboriginal Corporation - Social Housing ILUA - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | State Government | Legislation | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title Determination (Australia) | National Native Title Tribunal (NNTT) (Australia) | Lease | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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