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Bromley Land Transfer Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 January 2018
Sub Category:Conservation Agreement | Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act) | Indigenous Management Agreement (Aboriginal Land Act) (Queensland) | Land Transfer Agreement
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 Act 1991 (Qld) Area - Lots 152, 153, 154 on SP288864;
  • proposed National Park (CYPAL) Area - Lots 152 and 154 on SP288864;
  • proposed Road Area - on SP288864;
  • proposed Nature Refuge Areas - part of Lot 153 on SP288864 (approx. 10,920 hecatres) and part of Lot 153 on SP288864 (approx. 32,744 hectares);
  • proposed easement areas on Lot 153 on SP288862; and
  • esplanade area - on Lot 153 on SP288864.
State/Country:Queensland, Australia
The area is within the jurisdiction of the Cook Shiire Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 30 January 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2017/015
Subject Matter:Collaboration / Partnership | Future Act | Land Management | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2017/015
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 and the Bromley Aboriginal Corporation.

The agreement area covers about 1,610 sq km, approximately 50 km north of Lockhart River on the eastern side of Cape York Peninsula.

The purpose of the agreement is to transfer land to the Bromley Aboriginal Corporation, to dedicate Cape York Peninsula Aboriginal Land (CYPAL) Areas as national park and to give effect to an Indigenous Management Agreement over the national park.

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

Detailed Information:

Commencement:

The agreement commences upon its signing by both parties, except for the following clauses which commence when the agreementregistered 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 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

The agreement provides consent to the doing of all agreed acts necessary to give effect to the Indigenous Management Agreement and the Conservation Agreements, including:

  • the grant of the proposed Aboriginal Land Act 1991(Qld) (ALA) Area as Aboriginal Land to the Bromley Aboriginal Corporation (the Corporation) under the ALA;
  • 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 State and the Corporation entering into, being bound by and complying with the Conservation Agreements;
  • the State declaring the proposed Nature Refuge Areas as nature refuges under the Nature Conservation Act 1992 (Qld);
  • the Corporation granting an easements to Scudo Pty Ltd;
  • the State dedicating the proposed New Road Area as road;
  • the Corporation constructing and maintaining access tracks on the proposed Aboriginal Land Act 1991 (Qld) 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 (Qld) Area;
  • the creation of any management instrument over the proposed National Park (CYPAL) Areas subject to the terms of the Indigenous Management Agreement;
  • the future grant of part of the Esplanade Area as Aboriginal Land to the Corporation under the ALA.; and
  • the granting of any vaild lease, agrement, licence etc (and any other associated activity) over the realised Aboriginal Land Area by the Corporation, and over the realised national park by the State and subject to the approval of the Corporation - except for the grant of any authority elating to mining or mineral exploration.

Background to the Agreement

This agreement covers land on Cape York that had been earmarked by the Bjelke-Peterson Government in the 1980's for the world's first commercial spaceport; a project that the Traditional Owners of the land saw as an enormous threat to Bromley's unique cultural and natural heritage. Johnson Chippendale, Chair of the Bromley Aboriginal Corporation, said the handback of ownership was an outcome that Elders had wanted to achieve for more than thirty years. At the ceremony, on 17 May 2017, to recocognise the formal transfer of the land title deeds for 16,730 hectares of land known as Bromley to the Wuthathi, Kuuku Ya'u and Northern Kaanju People Mark Furner, on behalf of the Palaszcuk Government, said the "handover means Bromley's Traditional Owners will be able to use their land for cultural, environmental and economic purposes, such as eco-tourism for the benefit of their respective communities" (Queensland Government, Bromley back in traditional ownership).

Native Title in the Agreement Area:

For information regarding the recocgnised native title in this area see the consent determination Johnson Chippendale & Ors on behalf of the Wuthathi People #2 v State of Queensland [2015] FCA 380 (Wuthathi People #2) (Federal Court of Australia File No.: QUD6022/2002; NNTT File NO.: QCD2015/005).


Related Entries

Agreement
  • Wuthathi People #2 v State of Queensland [2015] FCA 380
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Cape York Land Council Aboriginal Corporation
  • Bromley Aboriginal Corporation RNTBC - 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)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2017/015 as at 30/01/2018 (Bromley 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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