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Olkola Land Transfer Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 May 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located on the Cape York Peninsula, Queensland, Australia
The Agreement Area is located on the Cape York Peninsula in the State of Queensland. The Agreement Area includes the locality of Dixie and falls within the authority of the Carpentaria and Cook Shire Councils. The Agreement Area includes proposed: - Aboriginal Land Areas; - National Park (CYPAL) Areas; - Regional Park Areas; - Easement; - Gravel Lease Areas; - Road Areas; and - Nature Refuge Areas. The specific descriptions of these areas can be found in the attached Extract, as well as in Part 2 of Schedule 1.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 May 2015. This is a Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/085
Subject Matter:Future Act | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/085
Summary Information:
The Olkola Land Transfer Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- State of Queensland;

- Michael Yam, Phillip Yam, Michael Ross, Andrew Malcolm, Fred Coleman, Michael Friday Snr and Christopher Bally on their own behalf and on behalf of Olkola People; and

- Olkola Aboriginal Corporation.

The purpose of this Agreement is to provide consent for the doing of Agreed Acts. Some of these Agreed Acts may be Future Acts.
Detailed Information:
Commencement

This Agreement was registered with the Register of Indigenous Land Use Agreements on 5 May 2015.

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

The Extract does, however, note that the Agreement commences on the Agreement Date.

Agreement Date

The Extract defines the Agreement Date as the date upon which these two events have occurred:

1. the last party has executed the Agreement; and
2. the Agreement has been released from escrow.

The Cape York Land Council ("CYLC") may hold the Agreement, as executed by the Olkola People, in escrow, subject to and conditional upon authorisation of the Agreement in accordance with section 251A of the Native Title Act 1993 (Cth)

Clauses 4, 5, 9 and 10 of the Agreement commence on the Registration Date being 5 May 2015.

Native Title Provisions

Right to Negotiate

Part 2 Division 3 Subdivision P of the Native Title Act 1993 (Cth) does not apply to the doing of the Agreed Acts.

Consent and Validation

As mentioned above, the purpose of this Act is to provide consent for the doing of Agreed Acts. The parties to this Agreement consent to the doing of such Acts, to the extent that they are Future Acts. Further, where Agreed Acts have been done before 5 May 2015 (being the date of Registration) and are thus invalid Future Acts, the parties validate those Acts.

Agreed Acts

The Extract defines Agreed Acts as "all acts necessary to give effect to the Agreement, the Indigenous Management Agreement, the Regional Park Management Agreement and the Conservation Agreement."

Such Acts may include, but are not limited to:

- the grant of the Proposed Aboriginal Land Act 1991(Qld) ("ALA") Area as Aboriginal Land to the Corporation under the ALA; the grant of the Additional ALA Areas as Aboriginal Land to the Corporation under the ALA;
- the State and the Corporation entering into, being bound by and complying with the IMA;
- the dedication, use and management of the Proposed National Park (CYPAL) Areas as national park (Cape York Peninsula Aboriginal land);
- the doing of all acts in the Proposed National Park ("CYPAL") Areas that are covered by the IMA in accordance with the procedures set out in the IMA; and
- any variation of the IMA in accordance with the terms of the IMA.

A full list of Agreed Acts can be viewed in the attached Extract.

Indigenous Management Agreement

The Indigenous Management Agreement ("IMA") is an agreement under the Aboriginal Land Act 1991(Qld) "ALA" and the Nature Conservation Act Act 1992 ("NCA") and is between the State and the Corporation. The IMA reflects those terms outlined in the draft agreement in Schedule 3. The Extract does not, however, provide Schedule 3 as an attachment.

Regional Park Management Agreement

The Regional Park Management Agreement is the agreement entered into between the State and the Corporation, on or about the Agreement Date. The Regional Park Management Agreement substantially reflects those terms outlined as the agreement in Schedule 10 of the Agreement. The Extract does not, however, provide Schedule 10 as an attachment.

Relevant Acts

The list of Agreed Acts includes a reference to "Relevant Acts".

This 'catch all' provision is defined to include:

- following the grant of the Proposed ALA Area or the grant of the Additional ALA Areas to the Corporation, the creation, authorisation or granting of a valid lease, agreement, licence, profit prendre, permit or other authority over the Proposed ALA Area or the Additional ALA Areas by the Corporation;
- the creation, authorisation or grant of the valid lease, agreement, licence, permit or other authority under section 34 of the NCA over Regional Park by the State subject to the consent of the Corporation and any other processes required under the Regional Park Management Agreement.

A full list of Relevant Acts can be viewed in the attached Extract.

Associated Activity

Associated Activity is defined in the Extract to mean "the doing of any activity in relation to a valid lease, agreement, licence, profit prendre, permit or other authority created, authorised or otherwise granted in accordance with this Agreement, that is associated and consistent with the purpose for which the lease, agreement, licence, profit prendre, permit or other authority is created."

An Associated Activity does not include the grant of a Mining Tenement or any authority relating to mining or mineral exploration under any legislation.

Definitions

The Extract offers the following definitions:

Conservation Agreement: the conservation agreement under the Nature Conservation Act 1992(Qld) between the State and the Corporation. The Conservation Agreement is outlined in substantially the same terms as the draft agreement in Schedule 4. The Extract does not, however, provide Schedule 4 as an attachment.

Dixie/Wulpan Permittees: Robert James Hann Whelan and Kym Doreen Whelan

Easement: an easement granted by the Corporation to the Road Authority, on substantially the same terms as the draft easement in Schedule 6. The Extract does not, however, provide Schedule 6 as an attachment.

Exploration Permit: has the same meaning as in the MRA

Gravel Lease: a lease between the Corporation and the Road Authority on substantially the same terms as the draft agreement in Schedule 5. The Extract does not, however, provide Schedule 5 as an attachment.

Road Authority: the State or local government agency responsible from time to time for maintenance of dedicated roads in the Agreement Area, being the Cook Shire Council as at the Agreement Date.

Water Extraction Sites those sites on the Agreement Area identified for continued extraction of water by the Road Authority for road maintenance purposes, as shown and described in Schedule 9. [see attached]

Native Title in the ILUA Area

The Agreement Area falls under the auspices of the Cape York Land Council ("CYLC"). In a media release on 23 September 2014, the CYLC noted that:

"an enormous transfer of land is currently under way in Australia. The vast Cape York peninsula is the setting for a steady, determined handover that is repairing a historical wrong..."

With particular reference to the Olkola People, the CYLC notes that:

"the Olkola people, is [are] set to become the largest non-government landholder in the region later this year, with the handover of five former pastoral slabs of land in south-central Cape York totalling 800,000 hectares.

The Olkola already jointly manage the Alwal National Park. Alwal is a name used for the threatened golden-shouldered parrot, a totem for the Olkola."

For more information, see http://www.cylc.org.au/resources/news/huge-land-handover-traditional-cape-york-owners/ (accessed 27 May 2015)

A search of the National Native Title Tribunal Register shows that a number of Applications with reference to the Olkola People have been discontinued. For more information, see http://www.nntt.gov.au/searchRegApps/NativeTitleClaims/Pages/default.aspx. (accessed 27 May 2015)

Related Entries

Organisation
  • State of Queensland - Signatory
  • Cape York Land Council Aboriginal Corporation
  • National Native Title Tribunal
  • Olkola Aboriginal Corporation - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Aboriginal Land Act 1991 (Qld)
  • Mineral Resources Act 1989 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • People
  • Olkola People - Signatory
  • Olkola/ Kunjen Peoples

  • Documents

    Document
    Olkola Land Transfer Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Olkola Land Transfer Indigenous Land Use Agreement (ILUA) Schedule 1 Part 2 Plans of Agreement Area - ( PDF)
    Olkola Land Transfer Indigenous Land Use Agreement (ILUA) Schedule 9 Map of Water Extraction Sites - ( PDF)
    Olkola Land Transfer Indigenous Land Use Agreement (ILUA) Schedule 7 Dixie Wulpan Destocking Area - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Local Government | National Native Title Tribunal (NNTT) (Australia) | Aboriginal Corporation (Australia) | Native Title Registers | Conservation Agreement (Environment Protection and Biodiversity Conservation Act 1999) (Cth) (Australia) | Indigenous Management Agreement (IMA) (Aboriginal Land Act 1991 (Qld)) (Australia) | National Park | State Government

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