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Topsy Creek Barge Ramp Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 January 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Cape York

State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Carpentaria Shire Council and the Kowanyama Aboriginal Shire Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 18 May 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2018/001
Subject Matter:Future Act | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/001
Summary Information:

The Topsy Creek Barge Ramp Project Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Kowanyama Aboriginal Shire Council and the Abm Elgoring Ambung Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC').

The agreement area covers about 0.4 hectares within Lot 20 on SP224321. It is located between the eastern bank of the Topsy Creek and the Topsy Road, about 7.2 km northwest of the town of Trebanaman.

The purpose of the agreement is to provide consent for the construction and establishment of the Barge Ramp on the eastern bank of the Topsy River.

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

Detailed Information:

Agreement area:

The agreement area covers about 0.4 hectares within Lot 20 on SP224321. It is located between the eastern bank of the Topsy Creek and the Topsy Road, about 7.2 km northwest of the town of Trebanaman.

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per schedule 2 of the agreement, as part of Lot 20 on SP224321. For more information, see the documents attached below.

Commencement and Termination:

The agreement commenced on 22 January 2018 (the date that it had been signed by all the parties). It has effect as an ILUA from the date that it was entered onto the Register of Indigenous Land Use Agreements, 18 May 2018. The parties may end the ILUA by written agreement.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title act 1993 (Cth) apply to the acts agreed to under this ILUA.

Extinguishment

Any acts done by non-native title parties under this agreement will not extinguish native title rights and interests.

Future act provisions

The parties consent to any activities in relation to the construction and establishment of:

  • the Barge Ramp and hardstand area;
  • the surrender of the road opening area (shown as "New Road" on schedule 1 map);
  • any other activity, including surveys, geotechnical investigations, grants of any authorisations including making a development application and approval, clearing land, and using the Topsy Turvy Bridge.

Native Title in the Agreement Area:

The agreement is within the area of the Kowanyama People's native title recognised in the Federal Court of Australia ('FCA') proceeding Kowanyama People v State of Queensland [2009] FCA 1192 (FCA file no.: QUD6119/1998; NNTT file no.: QCD2009/003).



Related Entries

Agreement
  • Kowanyama People v State of Queensland [2009] FCA 1192 (22 October 2009)
  • Organisation
  • National Native Title Tribunal
  • Kowanyama Aboriginal Shire Council - Signatory
  • Abm Elgoring Ambung Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2018/001 as at 17 June 2018 (Topsy Creek Barge Ramp Project ILUA) - ( Thumbnail | PDF | PDF | PDF)

    Glossary

    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 and Torres Strait Islander (Australia)

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