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Thingalkal (Mary Valley) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 August 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Dixie, Queensland, Australia
The Agreement Area covers about 381 sq km located approximately 10 km east of Dixie in the vicinity of Morehead River and the Peninsula Developmental Road in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 30 January 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/071
Subject Matter:Access | Management / Administration | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/071
Summary Information:
Thingalkal (Mary Valley) Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- State of Queensland;

- Fred Coleman, Erica Walker, Ross Ford, Dwayne Lewis Musgrave, Jeanne Lyall, Paul Turpin and Conrad Yeatman (Jnr) on their own behalf and on behalf of the Thaypan People; and

- Kyerrwanhdha Thingalkal Land Trust.

The purpose of this Agreement is to provide consent to the doing of Agreed Acts.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 30 January 2015.

The Extract does not note a specific start or end date for the Agreement.

The Extract does, however, note that the Agreement commences operation on the Agreement Date, being 13 August 2014.

Clause 4, 5, 09 and 10 commence operation from the Registration Date, being 30 January 2015.

Native Title Provisions

The primary purpose of the Agreement is to provide consent for the doing of certain Agreed Acts.

The parties to the Agreement consent:
(a) to the doing of the Agreed Acts to the extent that they are Future Acts; and
(b) where an Agreed Act is done prior to the Registration Date and is therefore an invalid Future Act, validate that Agreed Act.

The Extract notes specifically that Part 2 Division 3 Subdivision P of the Native Title Act does not apply to the doing of
the Agreed Acts.

Agreed Acts

Agreed Acts is defined as including all acts necessary to give effect to the Agreement and the Conservation
Agreement. Such acts include:

(a) the grant of the Proposed Aboriginal Land Act 1991 (Qld) Area as Aboriginal Land to the Land Trust ;
(b) the State and Land Trust entering into and complying with the Conservation Agreement ;
(c) the declaration of the Proposed Nature Refuge Area as a nature refuge under the Nature Conservation Act 1992 (Qld);
(d) the State dedicating the Proposed New Road Areas as roads under the Land Act ;
(e) the grant of the Easement to Telstra by the Land Trust;
(f) the registration and grant of a Carbon Abatement Interest or the declaration of an Eligible Offsets Project over the Proposed Aboriginal Land Act 1991 (Qld) Area in favour of the Land Trust; and
(g) Relevant Acts, including issuing future interests (such as a licence and profit a prendre).

Native Title in the ILUA Area

Native Title in the ILUA Area is held by the Thaypan People and managed by the Kyerrwanhdha Thingalkal Land Trust.

Background

Known as Mary Valley, the ILUA Area lies between Laura and Coen, about 390km northwest of Cairns. The transfer on 13 August 2014 of Aboriginal freehold ended three years of negotiations with the State Government. The Thaypan people, represented by the Kyerrwanhdha Thingalkal Land Trust, agreed to reserve nearly a quarter (8550ha) of their ancestral homelands for the Payrrape Nature Refuge.

For more information see: http://www.cairnspost.com.au/lifestyle/native-title-win-for-traditional-owners-the-thaypan-people-in-central-cape-york/story-fnjpuwet-1227025361783

Related Entries

Organisation
  • Cook Shire Council
  • State of Queensland - Signatory
  • Cape York Land Council Aboriginal Corporation
  • Kyerrwanhdha Thingalkal Land Trust - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Aboriginal Land Act 1991 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • People
  • Fred Coleman, Erica Walker, Ross Ford, Dwayne Lewis Musgrave, Jeanne Lyall, Paul Turpin and Conrad Yeatman (Jnr) on their own behalf and on behalf of the Thaypan People - Signatory

  • Documents

    Map
    Thingalkal (Mary Valley) Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Thingalkal (Mary Valley) Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Aboriginal Land Trust (Queensland) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Legislation | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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