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Sandstone Western Land Transfer Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 February 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

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

  • proposed Aboriginal Land Area - Lot 3 and 24 on SP288847;
  • proposed Ngaynggar National Park (Cape York Peninsula Aboriginal Land) - Lot 3 on SP288847;
  • proposed gravel lease area in Lot 24 on SP288847;
  • proposed new road areas on SP288847;
  • proposed easements across Lot 24 on SP288847;
  • proposed water extraction site - Lease F on DP292282.
  • 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 21 February 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

    Legal Reference: National Native Title Tribunal File No.: QI2016/047
    Subject Matter:Collaboration / Partnership | Future Act | Land Management | Land Settlement | Land Use | Management / Administration | Native Title
    URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/047
    Summary Information:

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

    • the State of Queensland;
    • Michael Ross, Silva Blanco, James Creek, Jonathan Korkaktain, Reginald Williams, Wayne Butcher, Clarry Flinders, Philip Port and Hogan Shortjoe;
    • the Balnggarrawarra Aboriginal Corporation

    The agreement area covers about 366 sq km, approximately 58 km north west of Cooktown.

    The purpose of the agreement is to consent to the grant of the proposed Aboriginal Land Act 1991 (Qld) Area as Aboriginal Land to the Balnggarrawarra 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 National Park (CYPAL) Areas.

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

    Detailed Information:

    Commencement:

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

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

    Native Title Provisions:

    Right to negotiate

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

    Future act provisions

    The 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 (the ;ALA Area) as Aboriginal Land to the Balnggarrawarra Aboriginal Corporation (the Corporation) under the Aboriginal Land Act 1991 (Qld);
    • the State and the Corporation entering, being bound by and complying with the Indigenous Management Agreement;
    • the dedication, use and management of the proposed National Park Cape York Peninsula Aboriginal Land (CYPAL) as national park;
    • the doing of all acts in the proposed National Park (CYPAL) Areas covered by the Indigenous Management Agreement in accordance with the procedures in that agreement;
    • any variation of the Indigenous Management Agreement in accordance with the terms of that agreement;
    • the granting of easements;
    • the Corporation entering into and complying with the Gravel Lease for gravel extraction with the Road Authority for road maintenance purposes;
    • the Road Authority carrying out water extraction that is authorised under theWater Act 2000(Qld), and the Nature Conservation Act 1991(Qld) where applicable, from the water extraction site and the state granting any licence, authority or permit required for that purpose in accordance with the requirements of the Indigenous Management Agreement;
    • the dedication of the new road;
    • the grant of easements;
    • the Corporation constructing and maintaining access tracks on the ALA Area;
    • the registration and grant of a carbon abatement interest, including any interest granting the right to deal with carbon abatement products, or the declaration of an eligible offsets project over the proposed Aboriginal Land Act 1991 (Qld) Area (where carbon abatement interest, and product, have the same meaning as in the Land Title Act 1994 (QLD) and the Land Act 1994 (Qld),;
    • the creation of any management instrument over the proposed National Park (CYPAL) Areas subject to the terms of the Indigenous Management Agreement;
    • the Corporation granting valid leasing/licensing authorities over the ALA Area, once the transfer of the land to the Corporation has beed effected;
    • the State granting valid leasing/licensing authorities over the National Park (CYPAL) Areas, once the Park has been dedicated, subject to the consent of the Corporation and the Indigenous Management Agreement; and
    • associated activites, not relating to mining.

    Background to the Agreement:

    This agreement marks the return of Aboriginal freehold land to the Balnggarrawarra Aboriginal Corporation on behalf of the Balnggarrawarra People and also allows for the creation of the new Ngaynggarr National Park, the language name for the orange blossom scarlet gum.

    The Balnggarr, Muundhi and Magarmagar people were violently dispossed of their land in the 1900's. On 26 October 2016, the Queensland State Government Treasurer Curtis Pitt travelled to Battle Camp Station, near Cooktown to transfer the lands, totalling nearly 3,500,00 hectares, back to Traditional Owners of the Balnggarrawarra, Magarmagar and Muudhiwarra Peoples (Peter Michael, Titles top indigenous lands handed over 330km north of Cairns).

    Native Title in the Agreement Area:

    This agreement is located within the native title aplication area Cape York United Number 1 Claim v State of Queensland, (FCA File No.: QUD673/2014; NNTT File No.: QC2014/008).


    Related Entries

    Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Cape York Land Council Aboriginal Corporation
  • Balnggarrawarra Aboriginal Corporation - Signatory
  • 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
  • Michael Ross and others, being the persons comprising the Applicant in the Cape York United Number 1 Claim (QUD673/2014) - Signatory

  • References

    General Reference
    Peter Michael (2016) Titles top indigenous lands handed over 330km north of Cairns

    Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/047 as at 21/02/2018 (Sandstone Western Land Transfer ILUA) - ( Thumbnail | 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)

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