20 August 2024
Northern Kaanju Native Title Group | Lockhart River
The Applicant in the Cape York United #1 (CYU#1) Claim will hold a meeting on Tuesday 20 August 2024 in Lockhart River for the Northern Kaanju Native Title Group to consider whether to authorise a proposed Indigenous Land Use Agreement (ILUA) over Lots 3 and 5 on SP187433 (shown on the map below). An earlier version of the proposed ILUA, and s.87A agreement for a consent determination of native title for the ILUA area, were authorised by the Northern Kaanju Native Title Group on 10 May 2023. The parties seek a number of amendments to the earlier version of the ILUA and the amendments can only be made if an amended agreement is authorised. Cape York Land Council (CYLC) will facilitate the authorisation meeting.
The meeting of the Northern Kaanju Native Title Group will consider the proposal for an ILUA between the State of Queensland, Bowyer Archer River Quarries Pty Ltd, the Affected Native Title Holders, being those families particularly affected by the proposed ILUA because of their families’ connection to the proposed ILUA area and YaaY’a Aboriginal Corporation (ICN 10063) (representative of the Affected Native Title Holders), to provide appropriate tenure for the ILUA Agreement Area, financial compensation for past impacts and future extractions of quarry materials from the ILUA Agreement Area, and other non-financial benefits. The meeting will also consider the decision-making process to authorise the ILUA. CYLC staff and consultants will explain (1) the terms of the proposed ILUA, as amended since the earlier version authorised on 10 May 2023 (2) the extent of the ILUA Agreement Area, (3) the proposed tenure over the ILUA Agreement Area, (4) the proposed grantee of the tenure, and (5) the financial and non-financial benefits provided to under the proposed ILUA.
Indigenous Land Use Agreement and Authorisation Process
The proposed ILUA will provide for:
- The doing, and validation, of Future Acts done after the execution of the ILUA by the State but prior to the
- Registration of the ILUA, to the extent that they were done invalidly under the NTA;
- The validation of the prior grant, amendment, extension, renewal or variation of Sales Permit 000296 and Sales
- Permit 201609002 between 18 January 1996 and immediately before registration of the ILUA;
- The extension of (a) the Term Lease over the ILUA Agreement Area; and (b) Sales Permit 000296 and Sales Permit
- 201609002 to 31 August 2046 in favour of Bowyer Archer River Quarries Pty Ltd;
- The reconfiguration of Lot 3 and Lot 5 on SP187433 (after reconfiguration, called the New Lot 3 and New Lot 5);
- The construction and ongoing maintenance of an Access Track by Bowyer Archer River Quarries Pty Ltd for access
- the New Lot 3;
- The appointment of YaaY’a Aboriginal Corporation (ICN 10063) as Grantee of the Aboriginal Freehold under the
- Aboriginal Land Act 1991 (Qld) in the ILUA area;
- Payment of financial compensation by the State of Queensland in full and final satisfaction of any entitlement to
- compensation for (a) past removals of Quarry Material from the ILUA Agreement Area between 18 January 1996
- and 30 September 2021; (b) Declared Removals extracted between 1 October 2021 and the Registration of the
- ILUA; and (c) administration costs associated with the execution of the ILUA; and
- The Registration of the ILUA under the NTA.
If the ILUA is authorised, the ILUA will be signed by the parties and submitted to the Native Title Registrar for registration under the NTA. Once the amended ILUA is registered, a determination of native title in favour of the Northern Kaanju Native Title Group will be sought (based on the s.87A agreement authorised by the group on 10 May 2023). CYLC expects that the proposed determination of native title would likely be made by the Court “on the papers” (meaning without a hearing) in early 2025.
Who is invited to attend the meetings?
The authorisation meeting is open to all descendants by birth, or adoption in accordance with the traditional law and custom of the Northern Kaanju Native Title Group, of one or more of the following apical ancestors:
Billy and Annie/Alice (parents of George Lefthand Moreton); Charlie Boko Billy Boyd Nancy Boyd (spouse of Monkey Boyd) Father of Billy Chungo Billy George and Jenny (parents of Annie Thompson/Small) Henry (father of Annie Densley and Joe Sullivan) Jack (father of Nellie Creedy aka Nellie Fox and Mary Ann Malandadji aka Mary Ann Johnson) Annie King (aka Long Annie) and her brother Roy Stevens Paddy King (spouse of Annie King) Tommy Larsen George Mamoose (aka George Mamus) |
Old Lady Mapoon (Mapun) Mary Ann (mother of Trixie Prior) and her sister Rosie (Percy/Docherty) Mickie and Nelly (parents of Annie Mullet) George Moreton Snr Big Johnny (Nguulpam) Annie Night Island Charlie James (Flathead) Pascoe Polly Roberson King Bob Robertson Jack (aka Johnny Rocky/Rockeby) and Jinnie/Jennie (parents of Old Lady Rosie) Jimmy Saturday and Dolly (parents of Monkey Boyd) Father of Billy Wenlock (Ukunchal) or Ammanbunga (mother of Victoria John) |
Please contact CYLC using the contact details below if you would like to confirm whether you are a descendant of one or more of the apical ancestors listed above.
The meeting will be held as follows:
Date: Tuesday 20 August 2024
Venue: The Social Club, Lockhart River
Time: 9:30am – 2.30 pm
Confirmation of attendance and attendance by video-conference
Please contact Jennifer Browne to confirm your attendance by Monday 12 August 2024 on free call number 1800 623 548 or by email jbrowne@cylc.org.au. This is important so that CYLC can make arrangements for catering. CYLC will make video-conference facilities available for this meeting. Please contact Jennifer Browne if you wish to request the video-conference link to the meeting.
Travel Attendance
CYLC has limited funding available for travel assistance to this meeting. CYLC may be able to provide some assistance, for example fuel reimbursement. CYLC will prioritise assisting elders and family representatives, and will consider how limited funding can be allocated to support a broad representation of the descendants of the relevant apical ancestors at the meeting. To make a request for travel assistance please contact Jennifer Browne by Monday 12 August 2024 on free call 1800 623 548 or by email jbrowne@cylc.org.au.
Questions about this meeting or about this notice
If you have any questions about this notice or the meeting, please contact Kirstin Malyon on free call 1800 623 548 or kmalyon@cylc.org.au.