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Lockhart River Defence Facilities Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 February 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Lockhart River
State/Country:Queensland , Australia
The ILUA is located in the local government region Lockhart River Aboriginal Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 September 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title File No: QI2016/018.
Subject Matter:Access | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/018
Summary Information:

The Lockhart River Defence Facilities Indigenous Land Use Agreement (ILUA) is between:

  • the Commonwealth of Australia acting through the Department of Defence;
  • the Lockhart River Aboriginal Shire Council,
  • Michael Ross and others on their own behalf and on behalf of the Cape York United Number 1 Claim Group (QUD673/2014) and Patricia Pascoe, Abigail Wilson, Brian Claudie, Evelyn Claudie, James Bally, Minnie Giblet, Gabriel Butcher and Sarah Elu on the own behalf and behalf of the Kanthanampu People, and as agent for and on behalf of the persons comprising the Applicant in the Cape York United Number 1 Claim (QUD673/2014).

The agreement areas covers about 941 sq m located within the townsite of Lockhart River on Twin Peaks Street.

The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts' regarding the access to and by the government.

The Native Title Representative Body for this area is the Cape York Land Council Aboriginal Corporation.

Detailed Information:

Details of the Agreement:

The agreement areas covers about 941 sq m located within the townsite of Lockhart River on Twin Peaks Street. Schedule 2 (attached below) of the agreement describes the ILUA area as all the land and waters subject to Lot A on Plan SP128433 in Lot 1 on SP104565.

Commencement

The ILUA commenced on the date that the last of the parties signed it, that being 17 February 2016. It was registered with the National Native title Tribunal on 23 September 2016. The ILUA will continue for the term of the lease granted by the Lockhart River Aboriginal Shire Council to the Department of Defence.

Native Title Provisions

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to any of the acts agreed to under this ILUA. The non-extinguishment principle applies to the agreed acts, meaning that any acts that are inconsistent with native title rights and interests will not extinguish those rights and interests.

Future acts

The parties consent to, and agree not to challenge the validity in the future, of:

  • the granting of the lease, by the Lockhart River Aboriginal Shire Council to the Department of Defence;
  • the construction, development, operation and maintenance of the depot facility; and
  • the activities carried out by and on behalf of the Department of Defence in the agreement area prior to the lease being granted.

Native Title in the ILUA Area

The ILUA area is within the determination area of the Cape York United Number 1 Claim (FCA file No.: QUD673/2014; NNTT file no.: QC2014/008).


Related Entries

Organisation
  • National Native Title Tribunal
  • Cape York Land Council Aboriginal Corporation
  • Commonwealth of Australia - Signatory
  • Lockhart River Aboriginal Shire Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Michael Ross and others on their own behalf and behalf of the Cape York United Number 1 Claim and Patricia Pascoe and others on their own behalf and on behalf of the Kanthanampu People - Signatory

  • Documents

    Document
    Lockhart River Defence Facilities Indigenous Land Use Agreement (ILUA) - ( PDF)
    Lockhart River Defence Facilities Indigenous Land Use Agreement (ILUA) Description of ILUA - ( PDF)
    Lockhart River Defence Facilities Indigenous Land Use Agreement (ILUA) Map of ILUA - ( PDF)

    Glossary

    Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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