Native Title

The Cape York Land Council has fought to achieve native title rights, under instructions, for Cape York Aboriginal people over 45% per cent of the region since 1990.

Our success comes from the strength of our mob, Cape York Aboriginal people, who have been strong campaigners for land rights since our organisation was started.

The role of Native Title Representative Bodies, like the Cape York Land Council, is changing as more native title areas are determined and Registered Native Title Bodies Corporate or Prescribed Bodies Corporate are formed as the body responsible for managing a group’s native title rights and interests. Indigenous Land Holders need the tools for success as they navigate processes for the future. Cape York Land Council is funded to provide this support. We have the Corporate History and support campfires that reflect the visions of the elders and shape these to suit the plans for tomorrow.

The Cape York Land Council is working with Traditional Owner groups to navigate the shift in native title, to the post-determination environment where 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.

The support services of CYLC across our extended units will assist Cape York Traditional Owners and PBCs through the land rights journey.

Facilitation and Assistance

The Cape York Land Council (CYLC) performs the function of a Native Title Representative Body (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.

The facilitation and assistance functions of the CYLC as the NTRB are:

(a)      to research and prepare native title applications, and to facilitate research into, preparation of and making of native title applications; and

(b)      to assist registered native title bodies corporate, 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:

(i)                  native title applications;

(ii)                future acts;

(iii)               Indigenous land use agreements or other agreements in relation to native title;

(iv)               rights of access conferred under this Act or otherwise;

(v)                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:

(a)      whether or not to provide assistance to a native title group in relation to a matter;

(b)      the type and extent of assistance to be provided to a native title group in relation to a matter; and

(c)       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.

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