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Wuthathi People #2 and Cook Shire Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 August 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Located in the vicinity of Bamaga
State/Country:Queensland, Australia
The Agreement Area covers about 1,182 sq km, located approximately 82 km north of Lockhart River and approximately 95 km south east of Bamaga in the state of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 August 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2015/020
Subject Matter:Access | Land Use | Management / Administration | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/020
Summary Information:
The Wuthathi People #2 and Cook Shire Council Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Cook Shire Council; and

- Wuthathi Aboriginal Corporation RNTBC.

The Agreement provides for the consent for the doing of certain Future Acts relating to non-extinguishing and extinguishing infrastructure.
Detailed Information:
Commencement

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

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

The Extract does, however, state that Clauses 1 - 6 (excluding clauses 4.4, 4.5, 4.6 and 5) and Clauses 14 - 29 commence on the Commencement Date.

The Commencement Date is defined as the date upon which the last party signs the Agreement.

The remaining Clauses of the Agreement commence on the date of registration, being 19 August 2015.

Native Title Provisions

Right to Negotiate

The Right to Negotiate, Subdivision P of Division 3 of Part 2 of the Native Title Act is not intended to apply to any Future Acts for which the Wuthathi Aboriginal Corporation RNTBC have given consent to.

Compensation

The Agreement states that the Prescribed Body Corporate is not permitted to claim compensation from the Cook Shire Council in respect of the extinguishment, diminishment or impairment of native title rights and interests through construction or establishment of Extinguishing Infrastructure.

Continued Use, Operation and Maintenance

The parties both consent to the continued operation, use and maintenance of the following:

a. Non-Extinguishing Infrastructure;
b. the land on which the Non-Extinguishing Infrastructure is located; an d
c. any land or waters adjacent to such land as identified in c. above.

Native Title Rights and Interests

To the extent of any inconsistency between the Native Title Rights and Interests and the operation, use and maintenance of the Non-Extinguishing Infrastructure, the Native Title Rights and Interests are suppressed

Work in the Agreement Area

Where the Cook Shire Council seeks to construct or carry out Works or Activities in the Agreement Area that have not been consented to under the Agreement, the Council may seek consent by having the act classified as an Approved Future Act as per the process outlined in Schedule 2 (The Extract does not provide a copy of Schedule 2).

Approved Future Acts

The parties consent to the doing of Approved Future Acts.

Approved Future Acts are defined as a Work or Activity:

a. described in a Proposed Activity Notice or Revised Activity Notice given to the Prescribed Body Corporate; and
b. either:-
i) the Prescribed Body Corporate has given a Concurrence Notice; or
ii) consent is deemed to be given under paragraph 10 of Schedule 2. (The Extract does not provide a copy of Schedule 2).

Reasonable Assistance

Where requested by the Cook Shire Council, the Wuthathi Aboriginal Corporation RNTBC will provide all reasonable assistance to secure the performance of Approved Future Acts.

Minor Works

Both parties provide their consent to the construction or carrying out of Minor Works or Activities as per the conditions outlined in Schedule 3 (see attached.)


Extinguishing Infrastructure is defined as Council Infrastructure that:-

(a) was validly constructed or established within the ILUA Area on or before 23 December 1996; and
(b) constitutes a Public Work.

Non-Extinguishing Infrastructure is defined as Council Infrastructure that is:-

(a) not Extinguishing Infrastructure; and
(b) was constructed or established within the Agreement Area on or before the Commencement Date.

Occupancy Interest is defined as an easement, lease, licence, permit or other authority to use or occupy land granted, given or issued under a Law.

Native Title in the ILUA Area

The Wuthathi People #2 Native Title Determination Application was lodged in 2002 and entered on the National Native Title Tribunal (NNTT) Register of Claims on 10 February 2003. The claimants were engaged in substantive negotiations towards a Consent Determination of exclusive Native Title over the application area, Shelburne Bay. On 29 April 2015 the Federal Court of Australia held in Johnson Chippendale & Ors On Behalf Of The Wuthathi People #2 that native title exists in the entire determination area on behalf of the Wuthathi People.

An Indigenous Land Use Agreement (ILUA) was consented to in 2008 with the Cook Shire Council and registered in June 2009.

The Wuthathi Aboriginal Corporation was registered with the Office of the Registrar of Indigenous Corporations (ORIC) in December 2008.

Related Entries

Agreement
  • Wuthathi People and Cook Shire Council Indigenous Land Use Agreement (ILUA)
  • Wuthathi People #2 v State of Queensland [2015] FCA 380
  • Organisation
  • Wuthathi Land Trust
  • National Native Title Tribunal
  • Cook Shire Council - Signatory
  • Cape York Land Council Aboriginal Corporation
  • Wuthathi Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Wuthathi People
  • Johnson Chippendale, Moira Macumboy, Douglas Wilson, Phillip Wallis and Jean Mosby on their own behalf and on behalf of the Wuthathi People.

  • Documents

    Map
    Wuthathi People #2 and Cook Shire Council Indigenous Land Use Agreement (ILUA) External Boundary and Map - ( PDF)
    Wuthathi People #2 and Cook Shire Council Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Wuthathi People #2 and Cook Shire Council Indigenous Land Use Agreement (ILUA) Minor Works - ( PDF)

    Glossary

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

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