Native
Title
Under instructions and on behalf of the Traditional Owners (TOs), the Cape York Land Council (CYLC) has since 1990 fought and achieved native title rights over 80% per cent of the region. The support services of CYLC’s units will assist Cape York Traditional Owners and PBCs through the land rights journey.
Our Strength, our success
Our success comes from the strength of our mob, Cape York Aboriginal people, who have campaigned strongly for land rights since our organisation’s inception.
Our Changing Role
The role of Native Title Representative Bodies (NTRB), such as the CYLC, is changing as more native title areas are determined and Registered Native Title Bodies Corporate (RNTBC) or Prescribed Bodies Corporate (PBC) are formed and become the bodies responsible for managing native title rights and interests.
Indigenous land holders need the tools to achieve successful outcomes they navigate the future. CYLC is funded to provide this support.
We have the corporate history and we support campfires that reflect the visions of the elders and shape these to suit Traditional Owners for tomorrow.
The CYLC is working with Traditional Owner groups to navigate the shift to the post-determination era. We will work with Aboriginal groups to establish corporations and enterprises that will empower Cape York Aboriginal people to take control of their own lives and build strong futures for their children.
Facilitation And Assistance
CYLC performs the function of a NTRB for the Cape York region. The CYLC’s legislative functions and powers are set out in section 203B to 203BK of the Native Title Act 1993 (Cth) (NTA).
The facilitation and assistance functions of the CYLC are set out in section 203BB of the NTA.
They are:
No. 1
to research and prepare native title applications, and to facilitate research into, preparation of and making of native title applications; and
No. 2
to assist RNTBCs, native title holders and persons who may hold native title (including by representing them or facilitating their representation) in consultations, mediations, negotiations and proceedings relating to the following:
1. native title applications;
2. future acts;
3. Indigenous Land Use Agreements (ILUAs) or other agreements in relation to native title;
4. rights of access conferred under this Act or otherwise;
5. any other matters relating to native title or to the operation of the NTA.
The Request for Facilitation and Assistance Policy will guide CYLC when making decisions to provide assistance to a group, individual or external body (‘Assistance Applicant’) in relation to a native title matter, including decisions in relation to:
No. 1
Whether or not to provide assistance to a native title group in relation to a matter.
No. 2
The type and extent of assistance to be provided to a native title group in relation to a matter.
No. 3
What terms and conditions should apply to the grant of assistance.
A copy of the Policy, including the details of requesting a review of the decision, can be downloaded here.
Our Process
Step 1
Assistance Applicant applies in writing to the Chief Executive Officer (CEO) of CYLC for review within 28 business days of notification of decision.
Step 2
the CEO sends acknowledgement of the request to the Assistance Applicant within 7 business days.
Step 3
Review conducted by Reviewing Assessor within 28 business days from the day of receipt of request to review.
Step 4
CLYC informs the Assistance Applicant of the following within 7 business days of decision.
Review decision
Reasons for reviewing decision
Further rights of review
End of the CYLC Internal Review Process.