gilkerson :. lega l - attorney-general's department :. lega l government i infrastructu re i...

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Gi lkerson :. Lega l Government I Infrastructu re I Indigenous

Our Ref: Deanna Cartledg e:90011 You r Ref :

16 June 2011

The Hon Robert McClelland MP Attorney General for Australia PO Box 6022 House of Representatives Parliamen t House Canberra ACT 2600

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action RECCIVED 20 JUN 2011 D Reply byAGO Ac~Qa

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Dear Attorney General

Report - s24JAA (16 ) Native Title Act 1993

We act for Kowanyama Aboriginal Shire Council in relation to a Notice issued under s24JAA of the Native Title Act 1993 (rthe Act"),

This letter is a report provided under s24JAA(16) of the Act detailing the notice process and consultation undertaken by our client unde r the relevant provisions of the Act, and attach ing all related documentation.

The four month consu ltation period under the Notice ended on 15 June 2011.

The s24JAA Notice was served on both the registered native title claimant and the representative Aboriginal body for the land covered by the Notice within a reasonable time before the notif ication day in the Notice.

A consultation meeting was held on 04 April 2011 in response to an informal request to meet and subsequent comments received were respo nded to within a reasonable time period.

A chrono logy of the steps taken and the related documents attached follows .

Steps Taken Attachment

1. A notice to the App licant for the Kowan yama People was prepared ~A"

with the notification date of 16 February 2011 .

2. A notice to the native title representative body was prepared with the "B" notification date of 16 February 2011 .

3. The notice marked "A" was sent by registered mail under cover of a "C" letter to the Applicant for the Kowan yama People dated 10 February 2011,

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W www.gilkersonlegal.com.au IABN 33101192376 level 10, 15 Adelaide Street Brisbane I PO Box 12543 Brisbane QLD 4003

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Th'e Hon Robert McClelland MP Gilkerson Legal Attorney General for Australia 16 June 2011 PO Box 6022 House of Representatives Parliament House Canberra ACT 2600

4 The notice marked "8" was sent by registered mail under cover of a "D" letter to Cape York Land Council dated 10 February 2011 .

5. In response to an informal discussion between representatives of the "E" Kowanyama Aboriginal Shire Council, and members of the Kowanyama People an invitation to a consultation meeting was hand deli vered and mai led on 24 March 20 11.

6. A consultation meet ing was held on 04 April 2011 in Kowanyama "F" wh ich was attended by the persons on the attached attendance list

7. A letter with comments from the Cape York Land Council to "G" Gilke rson Legal dated 04 April 2011 was received.

8 A letter responding to the comments received was sent to Cape York "H" Land Council dated 19 May 2011.

9 A letter with further comments from the Cape York Land Council to "I" Gil kerson Legal dated 14 June 2011 was rece ived.

10 A letter responding to the comments recei ved was sent to Cape York "J" Land Council dated 14 June 2011 ,

We submit that Kowanyama Aborig inal Council has complied with all the requirements of the Act and that the acts detailed in the Notice which is the subject of this report, are valid under s24JAA(4) of the Act .

Yours faithfully Gilkerson Legal __

" '! ~ '

cc Mr Ian Anders, Department of Communities (Queensland)

Notice under s24JAA 01 the Native Title Act 2003,--- _

To: Mr Gary Hudson , Mr Evans Josiah, Mr Griffith Patr ick, Mr Dennis Michael, Ms Gienette Greenwool, Mr Ravin Greenwool, Mr Richard Barney, Ms Jenny Paul, Ms Donna Brumby, Ms Prisci lla Major. Ms Roslyn Gilbert, Ms Una Claude. Ms Corrine Daniel. Mr Kelvin Greenwool. Mr Doug las Eric, Mr Teddy Bernard , Ms Rosemary Henry, Mr George Will iam Adams , Mr Christopher Henry, Mr Roger Inkerman, Ms l yndell Michelle Anne Jimmy, Mr Roy Dennis Maggable. Ms Hazel Paul. Ms Angela Fiona Edwards, Mr Straun Kalk Edwards, Ms May Edwards, Ms Lindsay Edwards, Ms Glennis Rose Mudd , Ms Shenane Jago, Mr Colin Lawrence, Mr Arthur Luke, Ms Christine Lawrence , Mr Ivan Jimmy, Ms Shirley Yam, Ms Maria Dick, and Mr Robert Holness

as the Applicant for the native title determination application QUO 611911998 (Kowanyama People)

Address for Service: Principal Legal Officer Cape York Land Council Aboriginal Corporation PO Box 2496 32 Florence Street CAIRNS OLD 4870

Notificat ion Day : Wednesday 16 Februar y 2011

Kowanyama Aborig inal Shire Council g ives notice under s24JAA o f the Native Title Act 1993 of the proposed acts d escribed below.

A d escrip!Lo.!!..oLt~ general nature of th e acts

The grant by Kowanyama Aborig inal Shire Council of a forty (40) year lease to the State of Queensland which permits the construction . operatio n, use, maintenance or repair by or on behalf of the Crown and/or a loca l government body of public housing provided for Aboriginal people living in Kowanya ma and also any associated facilit ies for service to the public in connection with this housing as covered in s24KA of the Native Title Act 1993 - for example a road , electricity transmission, street lighting , gas transmission . a water pipeline or a sewerage facili ty.

_Clear.description otthe_area-.t0_~~_i.ct!J':Ie_acts described above relates _

The total area which is the subject of this notice is situated in a Deed of Grant In Trust (DOGIT) Lot 19 on Plan 0816 and a reserve for Aboriginal purposes Lot 36 on Plan 0 81 B.. The DOGIT was granted by the Stale of Queensland on 23 July 1987 unde r the then Land Act 1962. The Kowanyama Aboriginal Shire Council is appointed as trustee to manage the oOGIT land for the benefit of Aboriginal inhabitants or for Aboriginal purposes . The Council carries out its trustee responsibilities as a land manager under the Land Act 1994. The reserve was gazetted on 18 July 19B7 and Kowanyama Aborig inal Shire Council is appo inted as trustee.

The total area subject to this notice can be more particularly descr ibed as follows. The area is also depicted on the map' and the two aerial photos attached 10 this notice and marked "A" "8 " and "C".

The location of 31 of the 32 land parcels that are coloured in yellow and green and numbered 2,3.4.5. 36. 146. 211. 259.305. 306. 346 , 372. 401, 402. 403 . 404, 405. 406, 407, 408. 409, 410. 411, 412. 414, 415. 419. 420, 421, 422, 423 on the attached map marked "A" is as follows.

Street number & add ress Oth er info rmati on

2 Chapman Road Social house on site

2 3 Chapman Road Social house on site

1 When viewing the map note that the school ground is to the "north" and Magnificent Creek to the "east"

3 4 Chapman Road

• 5 Chapman Road

5 36 Chapman Road

6 259 Pindi Street

7 146 Kowanyama Street

8 372 A&S Chell ikee Sireet

9 346 Chelukee Street

10 305 & 306 Chell ikee Stree t

11 401 Arwin Amay Street



404 A&S Arwin Amay Street " 15 405 Arw in Amay Street


17 409 Arwi n Amay Street


19 4 11 Arwin Amay Street

20 21 1 Koltmomurn Street




2' 414 Chellikee Street

25 New Lot Chell ikee Street




29 42 1 Kowanyama Street


31 423 Kowanyama Stree t

Socia l house on site

Social house on site

Soc ial house on site



Social house on site x 2







Soc ial house on site


Social house on si te




Vaca nt lot

Vacant lot

Vacant lot

Vacant lot

Vacant Jot

Vacant lot

Vacant lot

Vacant lot

Vaca nt lot

Vaca nt lot

Vaca nt lot

The 32 nd block is marked "new lot" on the attached map marked "A" and is situated on Chellikee Street between the parcels numbered 346 and 306/305.

The location of the balance of the total area is divided into three distinct areas which will be referred to as Area One , Area Two and Area Three. These three areas have bee n identified for future subdivision and are dep icted in red on the aerial photos attached and marked "8" and are co loured yellow with red hatc hing on the attached map ma rked "A".

Area O ne is situated to the south of the Kowanyama school and rodeo grou nds. T he southern boundary of the parce l is bordered by Pind i Stree t. The eastern boundary abuts the bac k of homes constructed along Kowanyama Road on parcels numbered 182, 183, 184, 185, 186 and 187 on the attac hed map. A draft plan of the proposed subdivision of Area One is depicted on the aer ial photo attached and marked "C".

Notice under s24JAA of the Native Title Act 2003 2 of 6

Area Two is a strip of land the eastern boundary of which abuts the back of homes constructed along Chell ikee Street on parce ls numbered 305, 306, 346, 347, 348, 414 and 'new 101' , the western boundary runs along Kowanyama Street and the south eastern boundary is bordered by Chellikee Street.

Area Three is a strip of land that runs parallel to and west of Area Two with its eastern boundary running along Kowanya ma Street, it's northern bounda ry abutt ing the parce l numbered 419 on the attached map and its south easte rn boundary bordered by Chelukee Street.

_Opport un ity_to Comment OR Request to be_Consulted _

Any registe red native title claimant or registered native title body corporate may, in writing, request to be consulted about the do ing of the acts detailed above so far as it affects their registered native tit le rights and interests.

A request must be made within the period of two (2) months beginning from the Notification Day Wednesday 16 February 2011 .

Please Send Written Comments or a Requ~e~st ~o _~t ""C~o~n~s~u~lt~t~o~,

Ms Deanna Cartledge Senior Associate Gilkerson Legal GPO Box 598 BRISBANE 4001


Attachment to Notice under s24JAA of the Native Title Act 2003 "A"

The area to which this notice applies is identified on the map below by the colours yellow, yellow with red hatching and green.

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Social House s Sulllecilo Nall Y'" TIUe

P ol e l1l1al S ubd ly lslon Area s Con slf1lln ed b y Nall ve Title

• De \fel oped L ot s Su b/ e el to NatlYe Till'"

Notice under s24JAA of the Native Title Act2003 4 of 6

" B" Part of the area to which th is notice applies (referred to as Area One, Area Two and

Area Three in the notice) is roughly marked in red on the aerial photo below and also indicated on the above map with yellow and red hatching. The area marked will be

subdivided before housing construction commences.


"C"

The aerial photo below depicts the draft plan prepared for the proposed subdivision of an area described as Area One in this notice .

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Notice under s24JAA 01 the Native Title Act 2003

To : Cape York Land Council

as the representative Aboriginal body in relation to land and waters the subject of this notice and in particular the area covered by native title determinat ion appl ication QUD 6119/1998 (Kowanyama People)

Address : Mr P Callaghan Chie f Executive Officer Cape York l and Counci l Aboriginal Corporation PO Box 2496 32 Florence Street CAIRNS QLD 4870

Notification Day: Wednesday 16 February 2011

Kowanyama Aborigi nal Shire Council gives noti ce under s24JAA of the Native Title Act 1993 of the proposed acts described below.

__ A descriJ?tion of t he genera l nature of the acts

The grant by Kowanyama Aboriginal Shire Council of a forty (40) year lease 10 the State of Queensland which permits the construct ion, operation, use, maintenance or repair by or on behalf of the Crown and/or a local government body of public housing provided for Abor igina l peop le living in Kowa nyama and also any associated facilit ies for service to the public in connection with this housing as cove red in s24KA of the Native Title Act 1993 - for exam ple a road , electricity transmission, street lighting , gas transmission, a water pipel ine or a sewe rage facility.

Clear description of th e area to w hich the a ~ts_~es~!ibec:Labo'Je-.!elates ~ _

The tota l area which is the subject of this notice is situated in a Deed of Grant In Trust (OOGIT) Lot 19 on Plan OB16 and a reserve for Abor iginal purposes Lot 36 on Plan 0 818.. The DOGIT was granted by the State of Queensland on 23 July 1987 under the then Land Act 1962 . The Kowanyama Aboriginal Shire Council is appointed as trustee to manag e the DOGIT land for the benefit of Abor iginal inhabitants or for Aboriginal purposes. The Council carries out its trustee responsibilities as a land manag er under the Land Act 1994 . The reserve was gazetted on 18 July 1987 and Kowanyama Aborig inal Shire Council is appointed as trustee.

The tot al area subject 10 this notice can be more part icularly described as follows. The area is also depicted on the map' and the two aerial photos attached to this notice and marked ~A" "B" and "C".

The location of 31 of the 32 land parcels that are colou red in yellow and green and numbered 2,3,4,5, 36, 146 ,21 1,259,305,306,346,372, 401 , 402, 403 ,404, 405,406, 407 , 408,409, 410, 411 , 412, 414,415, 419, 420, 421, 422 , 423 on the attached map marked "A" is as follows.

Street number & add ress Other in format ion

2 Chapman Road Social house on site

2 3 Chapman Road Social house on site

3 4 Chapma n Road Social house on site

4 5 Cha pman Road Socia l house on site

5 36 Chap man Road Social house on site

t W hen viewing the map note that the schoo l grou nd is to the "north" and Magnificent Creek to the "east"

6 259 Pindi Street Social house on site

7 146 Kowanya ma Street Social house on site

8 372 A&B Che llikee Street Social house on site x 2

9 346 Chellikee Street Soc ial house on site

10 305 & 306 Chellikee Street Soc ial house on site x 2

11 40 1 Arwin Arnay Street Social houseon site

12 402 Arwin Arnay Street Social house on site

13 403 Arwin Arnay Street Social hou se on site

,. 404 A&B Arwin Arnay Street Social house on site x 2

15 405 Arwin Arnay Street Soci al house on site


17 409 Arw in Arnay Street Social house on site


19 4 11 Arwin Arnay Street Social house on site

20 211 Koltmomurn Stree t Social houseon site

21 407 Arwi n Arnay Street Vacant lot



2. 414 Chellikee Street Vaca nt lot

25 New Lot Chell ikee Street Vaca nt lot

26 415 Kowanyama Street Vacant lot



29 421 Kowa nyama Street Vacant lot

30 422 Kowanyama Street Vacan t lot

31 423 Kowanyama Stree t Vacant lot

The 32nd block is marked "new lor on the attached map marked "A" and is situated on Chellikee Street between the parcels numbered 346 and 3061305.

The location of the balance of the total area is div ided into three distinc t areas wh ich will be referred to as Area One, Area Two and AreaThree. These th ree areas have been identi fied for future subd ivis ion and are depicted in red on the aer ial photos attached and marked "8 " and are coloured yellow with red hatching on the attached map marked "A".

Area One is situated to the south of the Kowanyama school and rodeo grounds. The southern boundary of the parcel is bordered by Pind i Street. The eastern boundary abuts the back of homes constructed along Kowanyama Road on parcels numbered 182, 183, 184, 185, 186 and 187 on the attached map . A draft plan 01the proposed subdivis ion of Area One is depicted on the aer ial photo attac hed and marked MC".

Area Two is a strip of land the eastern boundary of which abuts the back of homes constructed along Chellikee Street on parcels numbered 305 , 306 , 346, 347, 348, 414 and 'new lot' , the western boundary runs along Kowanyama Street and the south eastern boundary is bord ered by Chelukee Street.

Notice unde r s24JAA of the Native Title Act 2003 2 of 6

- Area Three is a strip of land that runs paraifel to and west of Area Two with its eastern boundary running along Kowanyama Street, it's northern boundary abutting the parcel numbered 419 on the attached map and its south eastern boundary bordered by Chelukee Stree t.

_OppC)rtu n i t YJ~COI!l~ent OR Request to be_Consulted _

Any registered native title claimant or registered native title body corpora te may, in writing, request to be consulted about the doing of the acts detai led above so far as it affects their registered native title rights and interests.

A request must be made within the period of two (2) months beginning from the Notification Day Wednesday 16 February 2011.

_~Iea se Send Written Comments or a Requ ~s ~o~s ~l~~~: __ ~e ~t~t~o~C~n~u t to~

Ms Deanna Cartledge Senior Associate Gilkerson Legal GPO Box 598 BRISBANE 4001


Attachment to Notice under s24JAA of the Native Title Act 2003 " A"

The area to which th is notice applies is identified on the map below by the colours yellow, yellow withr ed h atching and green.

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Soc ia l Hou se s SubJec t 10 Nanve T itl e

P ole n tla ' Subdl...ls lo n A.re a s. CO",l! <'lIned b y Na tt v'Ii' Till e

• De ve lope d L ots S ublec t t o NiltI...e T it l e


" 8" Part of the area to which this notice applies (referred to as Area One, Area Two and

Area Three in the notice) is roughly marked in red on the aerial photo below and also indicated on the above map with yellow and red hatching. The area marked will be

subdivided before housing construction commences.


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" C"

The aerial photo below depicts the draft plan prepared for the proposed subdivision of an area described as Area One in this notice.

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Gilkerson :. Legal Government Infrastructure indigenous

Our Ref; Deanna Cartledge:90011 You r Ref;

10 Februa ry 2011

Mr Gary Hudson, Mr Evans Josiah, Mr Griffith Patrick, Mr Dennis Michael. Ms Glenette Greenwool , Mr Ravin Greenwool , Mr Richard Barney, Ms Jenny Paul, Ms Donna Brumby, Ms Priscilla Major, Ms Roslyn Gilbert, Ms Una Claude, Ms Corrine Daniel, Mr Kelvin Greenwool, Mr Douglas Eric. Mr Teddy Bernard, Ms Rosemary Henry , Mr George William Adams, Mr Christopher Henry, Mr Roger Inkerman, Ms l yndell Michelle Anne Jimmy, Mr Roy Dennis Maggable, Ms Hazel Paul, Ms Angela Fiona Edwards, Mr Shaun Kalk Edwards, Ms May Edwards, Ms Lindsay Edwards, Ms Glennis Rose Mudd, Ms Shenane Jago, Mr Colin Lawrence, Mr Arthur Luke, Ms Christine Lawrence, Mr Ivan Jimmy, Ms Shirley Yam, Ms Maria Dick, and Mr Robert Holness

as the Applicant for the native title determination application QUO 6119/1998 (Kowanyama People)

C/·Principal Legal Officer Cape York Land Council Aboriginal Corporation PO Box 2496 CAIRNS QLD 4870

Registered Post

Dear Applicant for the Kowanyama People

Native Title Notice - s24JAA Nati ve Title Act 1993

We act on behalf of Kowanyama Aboriginal Shire Council r the Council") in relation to the above matter.

Encl osed , by way of service. is a notice under s24JAA of the Native Title Act 1993. This notice is issued so that funding under the National Partnership Ag reement on Remote Indigenous Housing (NPARIH) for the construction of social housing in Kowanyama can be secured over the next three years.

Under the NPARIH, Commonwealth funding for Indigenous housing will only be provided to the State of Queensland when the State has a secure interest for at least 40 years in the land to be the subject of social housing The State has sought from Council a grant of 40 year leases over land identified in Kowanyama as suitable for housing .

To ensure fundi ng is allocated for housing construction over the next three years Council must be in a position to grant 40 year leases over the parcels which are the subject of th is notice by June 2011 .

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Applicant for the Kowanyama People Gilkerson Lega l 10 February 2011

Page 2

Last year Council resolved to grant the leases when satisfied that the relevant future act provisions of the Native Title Act 1993 had been complied with. Council is aware that the State of Queensland has actively sought to negotiate an Indigenous Land Use Agreement with the Kowanyama People to ensure this precondition is met. Unfortunately it appears that there is no positive indication that agreement will be reached and authorised by the Kowanyama People by May 2011.

Securing social housing in Kowanyama is a high priority for Council given the current high demand for housing which cannot be met. Council has resolved to issue this notice in accordance with the provisions of the Native Title Act 1993 enacted for this purpose, to ensure the planned construction of social housing at Kowanyama can proceed over the next three years.

Yours faithfully Gilkerson Legal

'D"

Gilkerson :. Legal Government Inf astructur todigenous

Our Ref; Deanna Canledge:90011 Your Ref :

10 February 2011

Chief Executive Officer Cape York Land Council Aboriginal Corporation PO Box 2496 CAIRNS QLD 4870

Registered Post

Dear Mr Call aghan

Native Title Notice - s24JAA Native Title Act 1993

We act on beh alf of Kowanyama Aboriginal Shire Counci l ("the Council" ) in rela tion to the above matter.

Enclosed, by way of service. is a notice under s24JAA of the Native T itle Act 1993. This notice is issued so that funding under Ihe National Partnership Agreement on Remote Indigenous Housing (NPARIH) for the construct ion of social hous ing in Kowa nyama can be secured over the next three years .

Under the NPARIH, Commonwealth funding for Indigenous housing will only be provided to the State of Queensland when the State has a secure interest for at least 40 years in the land to be the subject of social housing. The State has sought from Council a grant of 40 year leases over land identified in Kowan yama as suitable for housing

To ens ure funding is allocat ed for housing construction over the next three years Council must be in a posi tion to grant 40 year leases over the parcels which are the subject of this nolice by June 2011.

Last year Council resolved to grant the leases when satisfied that the relevant future act provisions of the Native Title Act 1993 had been complied with . Council is awa re that the State of Queensland has actively sought to negotiate an Indigenous Land Use Agreement with the Kowanyama People to ensure this precondition is mel. Unfo rtunately it appea rs that there is no positive indication that agreement will be reached and authorised by the Kowanyama People by May 2011.

Securing social housing in Kowanyama is a high priori ty for Council given the current high demand for housing which cannot be met. Council has resolved to issue this notice in accordan ce with the provisions of the Native Title Act 1993 enacted for this purpose, to ensure the planned construction of social housing at Kowanyama can proceed over the next three years.

Yours faithfully Gilkerson Legal

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KOWANYAMA ABORIGINAL SHIRE COUNCIL Post Office, Kowanyama, Old. 4871

Telephone: (07) 40837100 Fax: (07) 40605124

24 March 20 I 1

Mr Gary Hudson, Mr Evans Josiah, Mr Griffith Patrick, Mr Dennis Michael, Ms Glenette Greenwool, Mr Ravin Greenwool, Mr Richard Barney , Ms Jenny Paul, Ms Donna Brumby, Ms Priscilla Major, Ms Roslyn Gilbert, Ms Una Claude, Ms Corrine Daniel, Mr Kelvin Greenwool , Mr Douglas Eric, Mr Teddy Bernard, Ms Rosemary Henry, Mr George William Adams, Mr Christopher Henry, Mr Roger Inkerman, Ms Lyndell Michelle Anne Jimmy, Mr Roy Dennis Maggable, Ms Hazel Paul, Ms Angela Fiona Edwards, Mr Shaun Kalk Edwards, Ms May Edwards, Ms Lindsay Edwards, Ms Glennis Rose Mudd, Ms Shenane Jago, Mr Colin Lawrence, Mr Arthur Luke, Ms Christine Lawrence, Mr Ivan Jimmy, Ms Shirley Yam, Ms Maria Dick, and Mr Robert Holness

as the Applicant for the native title determination appl ication QUD 6 119/1998 (Kowanyama People)

CI-Manager Kowanyama Aboriginal Land & Natural Resource Management Office Gilbert White Street KOWANYAMA QLD 4871

HAND DELI VERY

Dear Applicant for the Kowanyama People

Consultation Ahout Na tive Title Notice - s24JAA Native Title Act 1993

Kowanyama Aboriginal Shire Council ("Council") has been informa lly advised that a number of the named Applicant are interested in meeting with Council to discuss the proposed grant of a 40 year lease so that public housing can be either built or upgraded on the land parcels detailed in the abovementioned s24JAA notice.

Counci l is pleased to extend an invitation to the Applicant and all registered native title claimants with an interest in the area to meet with Council on Monday 04 April 2011 to discuss the proposal detailed in the s24JAA notice and respond to your queries.

The details of the meeting follow:

Date: Monday 04 April 2011

Time: 11:30pm (lunch will be provided)

Venue: Council Meeting Room. 30 Chapman Road. KOWAN YAMA

If ava ilable to do so. an officer fro m the Program Office. Depart ment of Communities will also attend to assist with answering any questions yo u may have about the cond itions attached to the funding which is available for the construct ion and upgrading of soc ial housing in Kowanyama over the next th ree years.

Council looks forward to meeting with you on Mo nday 04 April 20 11.

Yours fa ithfully

Glenda Teede

CEO

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Principal Legal Officer. PO Bo x 2496

Cape York Land Counci l Abo riginal CAIRNS QLD 4870 Corporation

Mr Ian And ers. Principal Engagement Ground Floor 138 Spence Street and Planning Officer CAIRNS QLD 4870 Department of Communities

Abm Elgoring Ambung Aboriginal Kowanyam a Abori gin al Land & Natural Corporation Resource Manageme nt Office

Gi lbert White Street Prescribed Bod y Corpo rate

KOWANYAMA QLD 487 I HAND DELIVERY

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Your ref: Our ref: FDOO4

Contact: Coby Foster & Matthew Mohatich Email: doster@cy!c.orq.au /[email protected]

Monday, April 4, 2011

Ms Deanna Cartleoqe Senior Associate Gilkerson Legal GPO Box 598 Brisbane QLD 4001

Dear Deanna

Nat ive Title Notice - Section 24JAA Native Title Act 1993

I refer to your Letter dated 10 February 2011 enclosing a Notice issued by the Kowanyama Aboriginal Shire Council ('the Council') under section 24JM of the Native Title Ad 1993 eNTA'), with a Notification Date of 16 February 2011.

The Notice provides that the nature of the acts are the grant by the Council of a forty year lease to the State of Queensland which permits the construction, operation, use, maintenance or repair by or on behalf of the Crown and/or a local government body of public housing provided for Aboriginal people living in Kowanyama and also any associated facilit ies for service to the public in connection with this housing as covered in section 24KA of the NTA.

Further, your letter also provides that the Notice is issued so that funding under the National Partnership Agreement on Remote Indigenous Housing for the construction of social housing in Kowanyama can be secured over the next three years.

In accordance with section 24JAA(1 )(b) of the NTA our dient has instructed us to comment as follows:

1. Attachment C to the Notice - The proposed new road depicted on the left hand side of the aerial photo which projects north of Pindi Street (see attached map with road highlighted) should not be

developed under any circumstancesdue to reasons relatin9 to cu ltu ra~:~~l~kin9

he d ~s1.IDA. 1

1990 -20 10

mailto:doster@cy!c.orq.au

2. The y object to the Coundl granting forty year leases to the State of Queensland for the purpose of constructi ng social housing in Kowanyama beyond those houses to be constructed in the 2011 calendar year. Please confirm the number of houses to be constructed during th is period and their location . Please also provide us with a copy of the proposed leases.

3. Further construct ion and leasing allocations beyond 2011 is to be dealt with in a larger Township Ind igenous Land Use Agreement ('TLUA'), which is to be completed by the end of 2011.

4. While our clients consider that activities such as social housing leases should proceed by agreement they are prepared to acquiesce to the granting of the leases as described in paragraph 2 above in good faith on the basis that a Township ILUA is being negot iated.

Once you have considered the comments noted above we welcome further discussions and consultation in accordance with the NTA so that an agreement on mutual terms can be reached.

We look forwa rd to discussing this with you furthe r.

Yours faith fully CAPE YORK LAND COUNCI L

?./

~ ~ Matthew Moharich Principal Legal Officer

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The aerial photo below depicts the draft plan prepared for the proposed subdivision of an area described as Area One in this notice .

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Gilkerson =. Legal Oove-r-ner- r-est- etc e d penous

Our Ref: Deanna Cartledge:90011 Your ReI:

19 May 2011

Principal Legal Officer Cape York Land Council Aboriginal Corporation PO Box 2496 CAIRNS OLD 4870

By email to : [email protected] and [email protected]

Dear Matthew

Native Title Not ice - s24JAA Native Title Act 1993

Th ank you for your letter of Monday 04 April emaited at 4:22pm. Unfortunately this was received just after the consultation meeting held the same day between Kowanyama Aboriginal Shire Council r Councin and Kowanya ma People representatives concl uded (a copy of the relevant invitation was mailed to you on 24 March 2011 ).

Only one of the issues highlighted in your letter was raised during the 04 April consultation meet ing. We also note that no issues were raised by those members of the cla im grou p (over ten) who attended the full day native title mediation meeting held in Kowanyama on Tuesday 05 April, even when the s24JAA process was raised .

In response to the matters raised in you r afo rementioned letter we are instructed as follows :

1. Cultural Sign ificanc e - Our client is aware of the cultural significance of the area to the wes t of the proposed subdivision on Pindi St reet and som e time ago a decision was made not to construct the access path to the rodeo grounds which you referenced in you r letter. The propo sed works will not affect any land where there is significant Aboriginal cul tural heritage.

2. Forty Year Leases - During the consultation meeting the Kowanyama People representatives clearly art iculated an objection on principle to interests in Aboriginal land being suppressed by a State lease in order to obtain housi ng funding.

As you would be aware, the Commonwealth funding under the National Partnership Agreeme nt on Remote Indigenous Housing (NPARIH) made availab le to the State of Queensland ("State") is subject to conditions. One con dition is that the State has at the minimum a 40 year interest in any land parcel s where the housing funding is to be invested. In simple terms, no lease » no tundinq e no new housing.

Council has sympathy with the view that was expressed by the Kowanyam a People representatives at the consultation meeting and itself has queried the need for 40 year leases. However. as you will appreciate and as was discussed at the consultation meeting, there are no other opt ions that wou ld be more palatable and this NPARIH condition is non negotiable.

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Principal Legal Officer Gilkerson Legal Cape York Land Council Aboriginal Corporation 19May2011 PO Box 2496 Page 2 CAIRN S OLD 4870

Council's decision to grant the 40 year leases the subject of the s24JAA Notice was taken after weighing up the objection on principle that is expressed in your letter , against the community's desperate need for housing. On balance Council decided to support the housing initiative, as the current community housing need is too great to ignore, the long term benefits of more housing are obvious and another similar opportunity to increase the housing stock at Kowanyama may not arise again for some time, if ever .

The leases which are the subject of the s24JAA Notice are unrelated to the new houses funded from a 09/10 budget allocation and completed this year. No more houses can be constructed at Kownayama until the 40 year leases are issued.

As explained in our tetter of 10 February 2011 the NPARIH funding is allocated in advance for two year periods. If the leases the subject of this s24JAA Notice are not issued now there will be no housing construction in Kowanyama for the next 2 financial years (11/12 and 12/13). The funding that could have been available for the 10/11 financial year was diverted to other communities because the Program Office was unable to address native title in the ILUA as it had hoped by early this year, and therefore there was no land available for new housing construction..

In summary, if Council doesn't issue the leases which are the subject of the s24JAA Notice then there will be further delays on the delivery of new houses at Kowanyama.

Council is not prepared to further delay the opportunity to secure much needed new housing and housing repairs for the Kowanyama community on a point of principle, and no-one at the 04 April consultation meeting indicated they wanted to lose this funding either.

3. House Construction and Leasing after 2011 - Our client has no control over when houses will be constructed over areas that are the subject of leases to the State, nor when or how much funding will be allocated for housing at Kowanyama. Counci l is kept regularly informed of the construction schedule planned and recognises that plans must be flexible to allow for factors such as the inability to bring in materials during the wet - a significant factor this year as road access to Kowanyama was cut due to flooding for much longer than is usual.

It is agreed that, other than the teases which are the subject of the s24JAA Notice issued on 10 February 2011, future act compliance for any further teases issued to the State should be addressed in the "Township ILUA" currently under negotiations.

4. Acquiescence - Your clients instructions are noted but as already indicated the acquiescence is made on the mistaken assumption that the leases in the s24JAA Notice relate to new houses to be constructed this year.

At the 04 April consultation meeting the only other issues raised by the Kowanyama People representatives attending related to Ketter lease holders and whether Katter leases could be transferred to blocks with new or upgraded houses; the limited funding being provided by the State to upgrade houses that were not the subject of 40 year leases and the number of Kowanyama residents who have made a will. These issues do not relate to the proposed future act.

Principal Legal Officer Gilkerson Legal Cape York Land Council Aboriginal Corporation 19 May 2011 PO Box 2496 Page 3 CAIRNS OLD 4870

In summary the concerns raised by your clients regarding cultural heritage protection has been addressed and the only other issue raised appears to be one of principle. As already discussed this concern is acknowledged by the Kowanyama Aboriginal Council and was a factor that was weighed up when Council made the decision to issue the leases.

Under s24JAA(14) of the Native Title Act 1993 Council is required to consult with the Kowanyama People about "ways of minimising the act's impact on registered native title rights and interests in relation to land or waters in the area, and, if relevan t, any access to the land or waters or the way in which any thing authorised by the act might be done" - in this case "the act" being the grant of a 40 year lease to the State over specified land parcels.

We note that the Notification Date for the s24JAA Notice is 16 February 2011 and therefore the consultation period ends on 15 June 2011.

We also note that currently there is no legislative instrument detailing requirements about consultation under s24JAA.

As our client has already held a consultation meeting with the Kowanyama People and to the extent possible addressed both at that meeting and through this letter all the issues raised, it considers it has met it's obligations to consult. As a consequence we hold instructions to provide a report to the Minister under s24JAA (16) on 16 June 2011 as the funding that could be committed to Kowanyama Council may already have been considered for projects in other communities.

Indeed it would be appreciated if the Kowanyama People confirm in writing that they have been consulted (under s24JAA (19)(b)(ii)) so a report can be provided to the Minister even earlier.

If any benefit can be gained from further consultation our client is prepared to have further discussions and can convene a second meeting at its Council chambers at a mutually convenient time.

In response to your request for copies of the State leases, these documents have yet to be drafted, however the relevant Queensland Land Registry form (N07 ver6) can be downloaded from: httpj /www.derm.gld.gov.au/property/titles/forms.html.

As to your query regarding the number of houses to be constructed, this has yet to be confirmed as funding must first be allocated for this purpose and the amount allocated will then determine what work this will cover.

Yours faithfully Gilkerson l egal

cc Mr Ian Anders, Department of Communities

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Contact: Coby Foster & Matthew Moharich Email: [email protected]/[email protected]

Tuesday, June 14, 2011

Dear Deanna

Kow anya ma QUD6119/98 - Section 24JAA Notice under t he Nati ve Tit le Act 1993 ( Cth)

I refer to your Letter dated 19 May 2011 in response to our letter dated 4 April 2011 about the section 24JAA Notice issued by your client under the Native Title Act 1993(Cth) . I note your instructions and comments.

In that letter you confirm that the Consultation Period under section 24JAA(14) of the Act ends on 15 June 2011 and that you wish to provide your Report: to the Minister under section 24JAA(16) on 16 June 2011.

I note that in the absence of the information requested in my 4 April 2011 letter, particularly infonnation on the number of houses to be constructed in the 2011 calendar year, it is doubtful that you have met your obligation to consult with my clients under section 24JM(14).

I request that you include a copy of this letter and a copy of my Jetter of 4 April 2011 as part of your report to the Minister.

Yours faithfully

/

Matthew Moharich Prindpal Legal Officer

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Gilkerson :. Legal

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Our Ref : Deanna Cartledge:90011 You r Ref :

14 June 2011

Principal Legal Off icer Cape York Land Council Abor iginal Corporation PO Box 2496 CAI RNS OLD 4870

By email to: [email protected] [email protected]

Dear Matthew

Native Title Notice - s24JAA Native Title Act 1993

We refer your letter 01even date and also our initial response of 19 May 20 11 to your previous letter.

We firstly note that the Notice in question is issued in relation to the grant of leases.

A expla ined in paragraphs 2 and 3 of our initia l response until leases are issued. social housing funding will not be allocated .

It is not until funding is allocated that the number of houses to be constructed during 11/12 and 12/13 can be known. Hence the final paragraph in our initial response:- Mas to your query regarding the number of houses to be constructed. this has yet to be con firmed as fundin g must first be allocated for this purpo se and the amount allocated will then determine what work this will cover".

As you are aware. the Program Office within the Queensland Department of Communities is responsible for the social housing funding allocated to Queensland Aboriginal communities . I have contacted the Department today about housing construction in Kowanyama and have been advised that there are no houses currently planned for construction in Kowan yama this calendar year.

Yours fa ithfu lly Gilkerson Legal

cc Mr Ian Anders, Department of Communities

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