Seven National Parks Bama-Bi Bubu Indigenous Land Use Agreement (ILUA)
|Date: ||6 June 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Cape York Peninsula. |
|State/Country:||Queensland. , Australia|
|The Area Agreement covers approximately 3927 square kilometres. It is 45 kilometres north west of Cooktown within the Cook Shire Council.
The area is located on the Cape York Peninsula in Far North Queensland. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 6 June 2014. |
|Legal Reference: ||National Native Title Tribunal File No.: QI2014/005|
|Subject Matter:||Access | Future Act | Management / Administration|
|Summary Information: |
|The Seven National Parks Bama-Bi Bubu Indigenous Land Use Agreement (ILUA) is an Area Agreement between:|
- The State of Queensland, Department of Natural Resources and Mines(applicant);
- Esther Henderson, Paul Wallace, Brent Pearson, Regan Hart, Iris Michael, Kathleen Bulmer, Ronald Bowen, Carol Nipper, Melisha McIvor, Clarence Flinders, Eric Harrigan, Helen Rootsey, Hans Pearson on their own behalf and on behalf of the Cape Melville & Flinders Island People, Gambilmugu People, Manyamarr People, Bagarrmugu People, Muli People, Muundhi People, Juunju People, Balnggarra People, Daarrba People, Nhirrpan People, Kalpowar People and associated families;
- Cape Melville, Flinders & Howick Islands Aboriginal Corporation; and
- Buubu Gujin Aboriginal Corporation.
The purpose of this ILUA is to authorise certain future acts known as 'agreed acts' and set out in the Extract.
|Detailed Information: |
|Details of the agreement|
The ILUA was registered with the National Native Title Tribunal on 6 June 2014. The Extract does not stipulate a specific start or end date but the Agreement is said to commence on the Commencement Date. Clauses 4, 5, 9 and 10 commence on 6 June 2014 (the date or registration).
The Agreement operates to provide the parties' consent to specified 'Agreed Acts' to the extent that they are future acts. The acts are all those required to give effect to the ILUA, the Indigenous Management Agreements and the Conservation Agreements. The Extract provides that these acts include:
a) The grant of land set out in Schedule 1 (see attached) under the Aboriginal Land Act 1991 (Qld) to the Cape Melville, Flinders & Howick Islands Aboriginal Corporation, and the Buubu Gujin Aboriginal Corporation;
b) The grant of land set out in Schedule 1 (see attached) under the Aboriginal Land Act 1991 (Qld) to the Kalpowar Aboriginal
c) The State and the Cape Melville, Flinders & Howick Islands Aboriginal Corporation, and the State and the Buubu Gujin Aboriginal Corporation entering into binding Indigenous Management Agreements;
d) Variation of the two Indigenous Management Agreements;
e) The dedication, use and management of the Proposed National Park Areas as national park;
f) Use and management of the Kalpowar Nature Refuge in accordance with the Kalpowar Conservation Agreement under the Nature Conservation Act 1992 (Qld);
g) Use and management of the Melsonby (Gaarraay) Nature Refuge in accordance with the Melsonby (Gaarraay) Conservation Agreement and the
h) use and management of the Melsonby (Gaarraay) Nature Refuge in accordance with the Nature Conservation Act 1992 (Qld); and
i)Use of the Proposed Road Area as a road.
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.
Background to the Agreement:
Native Title in the ILUA Area
Two separate land grants were issued 27 November 2013. The result of these grants is that seven national parks in south-east Cape York Peninsula will be jointly managed by Aboriginal Traditional Owners and Queensland Parks and Wildlife Service. This represents approximately 350,000 hectares of land.
The transfer included:
- 172,914 hectares at Cape Melville, Flinders Group and Howick Group national parks and six small coastal islands to the Cape Melville, Flinders and Howick Islands Aboriginal Corporation; and
- 181,886 hectares at Starcke, Jack River, Melsonby (Gaarraay) and Mount Webb national parks to the Buubu Gujin Aboriginal Corporation.
The Minister Minister for National Parks, Recreation, Sport and Racing, Steve Dickson said that the transfer “represents a significant milestone in the Newman Government’s commitment to work with communities on the Cape.”
The Minister for Environment and Heritage Protection, Andrew Powell said that “For many of the Traditional Owners, particularly those associated with Cape Melville and the Flinders Group National Park, this has been a long process extending back to 1992, when the first claim meetings were held."