Hopevale Congress Body Corporate Indigenous Land Use Agreement (ILUA) - Blockholder Leases
|Date: ||8 April 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Hopevale. |
|The Agreement Area covers about 929 square kilometres over part of the Hopevale area.
Hopevale, (or Hope Vale) is an Aboriginal community located on Cape York Peninsula approximately 46 kilometres north west of Cooktown. The local government region is the Hope Vale Aboriginal Shire Council.
The area subject to this agreement covers about 926 square kilometres, located north of Cooktown in the vicinity of Cape Bedford. The ILUA Area is described in Schedule 6 (see attached) and is Lot 35 Crown Plan BS222 Title Reference 21321062.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 June 2014.|
|Legal Reference: ||National Native Title Tribunal File No.: QI2014/028 |
|Subject Matter:||Land Use | Native Title|
|Summary Information: |
|The Hopevale Congress Body Corporate Indigenous Land Use Agreement (ILUA) - Blockholder Leases is a Body Corporate Agreement between:|
- Hopevale Congress Aboriginal Corporation RNTBC (applicant);
- Dhubbi Warra Aboriginal Corporation RNTBC; and
- Francis Deemal, Victor Gibson and Brian Cobus
on 16 June 2014.
The purpose of the ILUA is to provide for consent for the grant of Council and Blockholders' Leases.
|Detailed Information: |
|Details of the Agreement|
The Agreement was registered with the National Native Title Tribunal (NNTT) on 16 June 2014. The Extract states that the start date is 8 April 2014 but does not specify an end date.
The Agreement commences on 8 April 2014 (the commencement date) except for Clauses 7, 8, 9 and 10 which commence on 16 June 2014 (the registration date).
The Agreement operates to provide the parties' consent to the grant of Council and Blockholders' Leases subject to reasonable funding being made available to Congress in order to cover the costs associated with the grant of the leases.
The grants are also subject to the condition that if leases have not been granted by 16 June 2016 then the consent of the parties will be taken to have expired.
Clause 9.1 also provides the parties' consent to the road regularisation, which means the opening of public roads within the Agreement Area.
The Extract defines the two types of leases that the ILUA authorises:
- A "Blockholders' Lease" is defined as a lease or a number of leases granted to the Blockholders that are substantially in the form of the lease in Schedule 6 when read in conjunction with the Blockholders' Tenures; and
- A "Council Lease" is defined as a lease or a number of leases granted to Council land and that are substantially in the form of the lease in
Schedule 4, otherwise in a form agreed to in writing by both Congress and DAC.
Native Title Provisions
Right to negotiate provisions do not apply
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
Native Title in the ILUA Area
Hopevale was initially a Lutheran mission. The mission was in place until 1986 when a Deed of Grant in Trust (DOGIT) was made in favour of the Aboriginal community.
An Application for Native Title was lodged in the Federal Court of Australia in June 1996, on behalf of 11 Hopevale clans. Another two clans joined the proceedings at a later date. These 13 clans joined together to form the Hopevale Congress of Clans. It was agreed that this 'Congress' body was the appropriate body to claim native title and they received a determination granting Native Title in December 2007.
The Hopevale Congress Aboriginal Corporation, together with the Dhubbi Warra Aboriginal Corporation and Walmbaar Aboriginal Corporation now administers land on behalf of the Gamaay people.
On the 15 December 2011, the State of Queensland granted 110,000 hectares of freehold title land under the Aboriginal Land Act 1991 (Qld) to the Aboriginal people of Hopevale through the Hopevale Congress in the form of a Deed of Grant In Trust (DOGIT). The Queensland Government also gave an ex-gratia payment of $6.5 million in compensation for the mining royalties collected by the Government from the nearby Cape Flattery silica mine. These steps, formally recognised Indigenous ownership of the land under the State’s tenure system (Media Statement, Honourable Rachel Nolan).
The grant was a somewhat controversial step within some Aboriginal communities and was strongly disputed by the Hope Vale Council. The Council felt that the Congress would 'favour some residents over others and fuel rivalries in the already divided community' when distrubting the money. (Ryan and Nancarrow, 2011) The Cairns Supreme Court refused an emergency injunction made by the Council who wanted to stop the handover.