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Toolka Land Trust Indigenous Land Use Agreement ('ILUA')

Category: Agreement
Date: 11 October 2019
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 1 of the Agreement, as Lot 7 on Survey Plan 171860.
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 11 October 2019. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal file no.:  QI2019/013.
Subject Matter:Economic Development | Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/013
Summary Information:

The Toolka Land Trust Indigenous Land Use Agreement ('ILUA') was agreed under the provisions of the Native Title Act 1993 (Cth) between

  • Toolka Land Trust
  • James Creek on his own behalf and on behalf of the Cape York United Number 1 Claim Group; and
  • Jenny Creek Snr, David Nicholls, Raymond Bally, Connell Creek, Eldine Creek and Donna Creek on their own behalf and on behalf of the Traditional Owners of Toolka Land Trust (Native Title Party)

The agreement area covers about 181 sq km, on the Cape York Peninsula, approx. 7 km north of Coen and 184 km southeast of Weipa.

The purpose of the agreement is to provide consent for the granting of future leases, licences, infrastructure, and land use activities to James Creek, that may be of high impact to the land.

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

Detailed Information:

Details of the Agreement

The agreement area covers about 181 sq km, on the Cape York Peninsula, approx. 7 km north of Coen and 184 km south east of Weipa. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 1 of the Agreement, as Lot 7 on Survey Plan 171860. For more information see the documents attached below.

Commencement and Termination

The agreement is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration date. The agreement may be terminated where all parties agree in writing, or if one party chooses to terminate the agreement in writing after 10 years. Otherwise, it will continue indefinitely.

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 agreed acts.

Future act provisions

The parties agree to the doing of certain acts, including:

  • the grant of a tenure;
  • an infrastructure act;
  • an activity permitted by the grant of the tenure;
  • the grant of the Quarry to Kalan Enterprises;
  • the grant of the Cattle licence to James Creek; and
  • any other acts necessary to give effect to the above acts

The parties' consent to these acts is subject to:

  • the grant of a Quarry lease to Kalan Enterprises;
  • the grant of a Cattle licence to James Creek; and
  • requirement terms that apply for land use activities that are of 'high impact'.

'High Impact Activities' are those reasonably likely to involve vegetation clearance and excavation works. For more information and definitions see the documents attached below.

Extinguishment

If any acts agreed to under this ILUA are inconsistent with the native title rights and interests, those rights and interests will not be extinguished, instead, they will be revived once the acts are finished.

Native Title in the Agreement Area

This agreement is located within the area covered by the registered application for a determination of native title in the Federal Court of Australia ('FCA') proceeding Cape York United Number 1 Claim v State of Queensland (FCA file no.: QUD673/2014, NNTT file no.: QC2014/008).


Related Entries

Organisation
  • Toolka Land Trust - Signatory
  • James Creek on his own behalf and on behalf of the Cape York United Number 1 Claim Group - Signatory
  • Cook Shire Council
  • Cape York Land Council Aboriginal Corporation
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Jenny Creek Snr and others on their own behalf and on behalf of the Traditional Owners of Toolka Land Trust - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/013 as at 3/08/2020 (Toolka Land Trust ILUA) - ( Thumbnail | PDF)

    Glossary

    Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Claimants (registered) (Australia) | Native Title Registers | National Native Title Tribunal (NNTT) (Australia)

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