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Wik Timber Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 June 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Aurukun , Queensland, Australia
The Agreement Area is located in Cape York in the vicinity of Aurukun and covers all the lands and waters described as: - Lot 12 on SP266627; - Lot 121 on SP135863; - Restricted Area 315 - (Protection of Bauxite Reserves - Aurukun); - That part of the southern severance of ML7024 south of the Embley River that fall within the following native title determinations: - QUD6001/1998 Wik and Wik-Way Peoples (QCD2000/006) as determined by the Federal Court on 3 October 2000; - QUD6001/1998 Wik and Wik Way Native Title Determination No. 2 (QCD2004/002) as determined by the Federal Court on 13 October 2004; - QUD6001/1998 Wik and Wik Way Native Title Determination No. 3 (QCD2004/003) as determined by the Federal Court on 13 October 2004; - QUD6029/2001 Wik and Wik Way People (QCD2009/002) as determined by the Federal Court on 29 July 2009; and - QUD6001/1998 Wik and Wik Way Native Title Determination No. 4 (QCD2012/010) as determined by the Federal Court on 11 October 2012.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 June 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2015/004
Subject Matter:Access | Forestry | Horticulture | Housing, Construction and Infrastructure | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/004
Summary Information:
The Wik Timber Project Indigenous Land Use Agreement (ILUA)) is a Body Corporate Agreement between:

- Wik Timber Holdings Pty Limited; and

-Ngan Aak-Kunch Aboriginal Corporation (Wik PBC).

The Agreement provides consent for a Timber Project within the Agreement Area.
Detailed Information:
Commencement

The Agreement was registered with the Register of Indigenous Land Use Agreements on 19 June 2015.

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

The Extract does, however, state that the Agreement terminates when the first of the following occurs:

1. the parties agree in writing to terminate the Agreement;
2. the Agreement is not registered by 31 December 2016 (or at a later date as agreed to in writing by the parties); and
3. the last Wik Timber Holdings Pty Ltd interest is determined, surrendered, lapsed or otherwise terminated and Wik Timber Holdings Pty Ltd notifies the other parties in writing to that effect.

Native Title Provisions

To the extent that they are Future Acts, the parties provide their consent to the Project Interests and the undertaking of the Timber Project.

Where Agreed Acts are done before the Registration Date on 19 June 2015 and are consequently invalid Future Acts, the parties consent to the validation of those Acts.

Right to Negotiate

Part 2, Division 3, Subdivision P of the Native Title Act is not intended to apply to the grant or undertaking of the Project Interests or the undertaking of the Timber Project.

Project Interests

As defined in Schedule 3 (see attached), include:

- timber sales to obtain hardwood log timber;
- approvals necessary or desirable for or incidental to the undertaking of the Timber Project;
- undertaking of acts pursuant to any such approvals; and
- the making, amendment or repeal of legislation, regulations, by-laws, ordinances necessary or desirable for, or incidental to, the undertaking of the Timber Project.

Timber Project

As defined in Schedule 3 (see attached), includes:

- planning, design, development and conduct of timber felling and harvesting;
- marketing and sale of timber;
- planning, design and development and conduct of mine-site rehabilitation including seed collection, plant nurseries, bio-mass recovery, reforestation and timber plantation establishment; and
- planning, design, development and construction of infrastructure, facilities or activities necessary or desirable for or incidental to any of the above.

Native Title in the ILUA Area

The Native Title Holders are defined as the Wik & Wik Way Peoples, being the people determined by the Federal Court of Australia to be the common law holders of native title in certain lands and waters under the Wik Determinations.

Those determinations include the following Approved Determinations of Native Title made by the Federal Court of Australia on:

- 3 October 2000 (Federal Court proceeding QUD6001/98);
- 13 October 2004 (Federal Court proceeding QUD6001/98);
- 29 July 2009 (Federal Court proceeding QUD6029/01); and
- 11 October 2012 (Federal Court proceedings QUD6001/98).

Related Entries

Agreement
  • Wik Peoples v State of Queensland [2000] FCA 1443 (Determination No. 1)
  • Wik Peoples v State of Queensland [2004] FCA 1306 (Determination No. 3)
  • Wik & Wik Way and Cook Shire Council Indigenous Land Use Agreement (ILUA)
  • Wik Peoples v State of Queensland [2004] FCA 1306 (Determination No. 2)
  • Wik and Wik Way Native Title Group v State of Queensland [2009] FCA 789 (29 July 2009) (Determination No. 4)
  • Wik & Wik Way People and Rio Tinto Aluminium Limited Indigenous Land Use Agreement (ILUA)
  • Wik & Wik Way People and Cook Shire Council Agreement # 2
  • Wik and Wik Way Native Title Claim Group v State of Queensland [2012] FCA 1096
  • Wik and Wik Way People and Merluna Pastoral Indigenous Land Use Agreement (ILUA) (in progress)
  • Wik and Wik Way People and Merluna Pastoral Indigenous Land Use Agreement (ILUA)
  • Wik & Wik Way People and Watson River Pastoral Indigenous Land Use Agreement (ILUA)
  • Wik & Wik Way People and Kendall River Pastoral Indigenous Land Use Agreement (ILUA)
  • Wik & Wik Way People and Piccaninny Plains Pastoral Indigenous Land Use Agreement (ILUA)
  • Wik and Wik Way People and Cook Shire Council Indigenous Land Use Agreement (ILUA) #3
  • Organisation
  • Aurukun Shire Council
  • Cook Shire Council
  • Napranum Aboriginal Shire Council
  • Wik Timber Holdings Pty Limited - Signatory
  • Ngan Aak-Kunch Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Case Law
  • The Wik Peoples v The State of Queensland & Ors; The Thayorre People v The State of Queensland & Ors [1996] High Court of Australia (23 December 1996)

  • Documents

    Map
    Wik Timber Project ILUA Part 2 Schedule 1 - Map - ( PDF)
    Wik Timber Project ILUA Extract - ( PDF)
    Wik Timber Project ILUA Schedule 3 - Project Interests and Timber Project - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Consent Determination (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) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title Claimants (registered) (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Registers | Public Company | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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