Environment and Resource Management

Eastern Yalanji land use agreements

The Queensland Government and the Eastern Kuku Yalanji People have signed a series of Indigenous land use agreements to resolve native title issues over lands between Mossman and Cooktown in Far North Queensland, within the traditional country of the Eastern Kuku Yalanji People.

The agreements provide a platform for land tenure and management that will recognise the Eastern Kuku Yalanji People's rights to be custodians and managers of their traditional country and protect the outstanding environmental values of the region.

Background

In 1994, the Eastern Kuku Yalanji People made a native title claim over approximately 144 000 hectares of land within their traditional country in Far North Queensland. The land area was mainly timber reserve and unallocated State land.

In 1997, they proposed a package to the Queensland Government that would define relationships between native title and other legal interests, such as those of governments and the community.

In 2000 they agreed, with the Queensland Government, to negotiate a wide-reaching agreement that would determine their native title rights and how land tenure would be allocated within their traditional country. The parties also agreed to significantly increase the area of national park in the region.

What agreements were negotiated?

Through a complex negotiation process to resolve native title issues, the parties agreed on:

Most parties agreed in principle to the package in late 2005, and the the detailed agreements were formally written up as Indigenous land use agreements, as required under the Commonwealth Native Title Act 1993 during 2006.

Who was involved?

The parties involved in the negotiations included the Eastern Kuku Yalanji People through their representatives, the Cape York Land Council, the Queensland Government, Wujal Wujal Aboriginal Shire Council, Cook Shire Council, and Douglas Shire Council.

Other stakeholders included Ergon, Telstra, the Wet Tropics Management Authority, leaseholders, and members of the public who use the area for recreation.

Why were the agreements negotiated?

The Indigenous land use agreement area covers a large part of the Eastern Kuku Yalanji People's traditional country, which is mostly subject to their native title rights and interests.

The region is of international significance as a large part of it incorporates the Wet Tropics World Heritage Area and includes the Daintree, Cape Tribulation, Black Mountain and Cedar Bay national parks. It includes state reserves and roads, areas accessed by the public, and various private leasehold interests.

The agreements recognise the Eastern Kuku Yalanji People's native title rights to be custodians and managers of their traditional country—an area that has one of Australia's highest tourist visitation rates.

What will the agreements achieve?

The agreements, which cover approximately 230 000 hectares of land in the Douglas and Cook shires between Mossman and Cooktown (more than that in the initial native title claim lodged in 1994) will:

The agreements also address site-specific concerns. For example:

What about other people's rights?

Registration of agreements, native title determination, and implementation

The signed agreements were lodged with the National Native Title Tribunal and all have now been registered.

As the agreements have been registered, a Federal Court hearing has been scheduled for 9 December 2007 where the parties involved in the agreements will consent to making a determination that formally recognises the Eastern Kuku Yalanji People's native title rights and interests.

After this determination, the State, shire councils and the Eastern Kuku Yalanji People will start the processes and administrative functions required to implement the agreements.

This will include the transfer of freehold land to the Eastern Kuku Yalanji People and the dedication of new national parks, and is anticipated to take about three years.

Maps of the agreement area

The map of the Eastern Kuku Yalanji Indigenous land use agreement area (PDF)* highlights the agreement area, which includes the existing Daintree, Cape Tribulation, Black Mountain and Cedar Bay national parks. (These are shown in dark green on the map).

The map also shows where the Queensland Government will dedicate an additional 79 000 hectares as national park (shown in light green), nearly doubling the area of national park in the region.The Eastern Kuku Yalanji People will be involved in the management of these national parks and will be employed as park rangers. How native title rights and interests will be exercised in national parks has also been agreed.

The Eastern Kuku Yalanji People will be granted approximately 64 000 hectares of Aboriginal freehold under the Aboriginal Land Act 1991 and this land will be held by an Eastern Kuku Yalanji People land trust.

Approximately 48 000 hectares of the Aboriginal freehold land will be a nature refuge under a conservation agreement (shown on the map as yellow). It is anticipated that Eastern Kuku Yalanji conservation officers, once accredited, will hold delegated powers to enforce Nature Conservation Act 1992 regulations in the yellow zone.

The Eastern Kuku Yalanji People will be able to develop the balance of their Aboriginal freehold land (shown on the map as pink) for housing, grazing and business purposes consistent with a cooperative management agreement with the Wet Tropics Management Authority.

Other parts of the agreement area will be set aside as reserves for use by the public (shown in purple on the map). The determination of native title will cover most of the Aboriginal freehold and reserve areas.

* Requires Acrobat Reader

Last updated: 09 September 2009

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