printable versionPrint this page

Wuthathi Land Transfer Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 March 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Cape York. The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as:

  • Wuthathi Aboriginal freehold land - Lots 4, 18 and 20 on SP189951 and Lot 3 on SP189951;
  • Wuthathi (Sheburne Bay) National Park (CYPAL) - Lot 17 on SP189951;
  • Sir Charles Hardy Group National Park (CYPAL) - Lots 12 to 14 on SP224291;
  • Wuthathi (Shelburne Bay) National Park (CYPAL) - Lot 17 on SP189951;
  • Sir Charles Hardy Group National Park (CYPAL) - Lots 12 to 14 on SP224291;
  • Saunders Islands National Park (CYPAL) - Lots 1 to 13 on SP224294;
  • Easements across/in Lot 18 on SP189951;
  • Esplanades on SP189951 and 189937.
  • State/Country:Queensland, Australia
    The area is within the jurisdiction of the Cook Shire Council.
    Legal Status:

    Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 7 March 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

    Legal Reference: National Native Title Tribunal File No.: QI2016/061
    Subject Matter:Future Act | Land Management | Land Settlement | Land Use | Native Title
    URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/061
    Summary Information:

    The Wuthathi Land Transfer Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • the State of Queensland;
  • Johnson Chippendale, Moira Macumboy, Richard McLean, Jean Mosby and Phillip Wallis on their own behalf and on behalf of the Wuthathi People;
  • the Wuthathi Aboriginal Corporation RNTBC;
  • Michael Ross, Silva Blanco, James Creek, Jonathan Korkaktain, Reginald Williams, Wayne Butcher, Clarry Flinders, Philip Port and Hogan Shortjoe on behalf of Cape York United Number 1 Claim.
  • The agreement area covers about 1184 sq km, on the eastern side of Cape York Peninsula, approximately 200 km north of Lockhart River, in the vicinity of Shelbourne Bay including Saunders Islands National Park and Sir Charles Hardy Group National Park.

    The purpose of the agreement is to grant the proposed Aboriginal Land Act 1991(Qld) Area as Aboriginal Land to the Wuthathi Aboriginal Corporation, the dedication of Cape York Peninsula Aboriginal Land (CYPAL) Areas as national park, and to give effect to an Indigenous Management Agreement over the proposed National Park (CYPAL) Areas.

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

    Detailed Information:

    Details of the Agreement:

    Commencement:

    This agreement commences on the date which the last party executes it, except for the following clauses which commence on the date the agreement is registered on the Register of Indigenous Land Use Agreements:

    • Clause 4 - Consent to and validating of the agreed acts;
    • Clause 8 - Compensation;
    • Clause 9 - Release, waiver and indemnity.

    Native Title Provisions:

    Right to negotiate

    The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the doing of the agreed acts.

    Future act provisions

    This agreement provides consent to the doing of all acts necessary to give effect to the Indigenous Management Agreement, including:

    • the grant of the proposed Aboriginal Land Act 1991 (Qld) Area (ALA Area) as Aboriginal Land to the Wuthathi Aboriginal Corporation RNTBC (the Corporation) under the Aboriginal Land Act 1991(Qld) (the ALA);
    • the State and the Corporation entering, being bound by and complying with the Indigenous Management Agreement;
    • the doing of all acts in the proposed National Park Cape York Peninsula Aboriginal Land (CYPAL) Areas covered by the Indigenous Management Agreement in accordance with the procedures in that agreement;
    • the Corporation granting an easement to the State for access to the proposed National Park (CYPAL);
    • the Corporation constructing and maintaining the funded infrastructure on the proposed ALA Area;
    • the Corporation constructing and maintaining access tracks on the proposed ALAArea;
    • the registration and grant of a carbon abatement interest (as meant within the Land Title Act 1994 (Qld)and the Land Act 1994 (Qld)), including any interest that grants the right to deal with carbon abatement products, or the declaration of an eligible offsets project over the proposed ALA Area;
    • the creation of any management instrument over the CYPAL Areas subject to the terms of the Indigenous Management Agreement;
    • the future grant of any part of the esplanade area as Aboriginal Land to the Corporation under the ALA;
    • the creation, authorisation, granting, renewal or amendment of a valid lease, agreement, licence, profit à prendre, permit or other authority over the proposed ALA Area by the Corporation;
    • the creation, authorisation, granting, renewal or amendment of a valid lease, agreement, licence, permit or any other authority under Section 42AD, Section 42AE, of the Nature Conservation Act 1992 ;(Qld) over the National Park (CYPAL) by the State, subject to the written consent of the relevant Corporation and any other processes required under the Indigenous Management Agreement; and
    • any activity associated with a valid lease, agreement, licence etc (as above) over Aboriginal Land that is consistent with the purpose of the relevant lease, agreement, licence etc.

    Native Title in the Agreement Area

    For information about native title in this area, see the native title consent determinations recognised by the Federal Court in the following proceedings:

    • Johnson Chippendale & Ors On Behalf of the Wuthathi People #2 (Wuthathi People #2) (Federal Court FileNo.: QUD6022/2002; NNTT File No.: QCD2015/005);
    • Phillip Wallis & Ors On Behalf of the Wuthathi, Kuuku Ya'u & Northern Kaanju Peoples (Wuthathi, Kuuku Y'au & Northern Kaanju People) (FCA File No.: QUD6023/2002; NNTT File No.: QCD2015/004).

    Related Entries

    Agreement
  • Wuthathi People #2 v State of Queensland [2015] FCA 380
  • Wuthathi, Kuuku Ya'u and Northern Kaanju People v State of Queensland [2015] FCA 381
  • Organisation
  • National Native Title Tribunal
  • Wuthathi Aboriginal Corporation RNTBC - Signatory
  • State of Queensland - Signatory
  • Cape York Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Aboriginal Land Act 1991 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • Land Act 1994 (Qld)
  • Land Title Act 1994 (Qld)
  • People
  • Johnson Chippendale & others on their own behalf and on behalf of the Wuthathi People - Signatory
  • Wuthathi People
  • Michael Ross and others, being the persons comprising the Applicant in the Cape York United Number 1 Claim (QUD673/2014) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/061 as at 7/03/2018 (Wuthathi Land Transfer ILUA) - ( PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Land Transfer Agreement | National Park | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey