Please contact us if you have any questions about The Ground or Infrastructure relating to native title in the determination areas.
The Ground
Anything that disturbs the ground in areas where native title is not extinguished.
Infrastructure
Buildings, development, infrastructure, roads, removal of trees, removal of natural resources, mining, drilling, water bores, land use, water use.
NCY#1
NATIVE TITLE DETERMINATION AREA
The majority of the determination area is exclusive native title – dark blue area.
The national park area is light blue being nonexclusive native title as the QLD State Government holds an ongoing interest in the national park.
The NCY#1 native title determination covers a large area from Captain Billy’s Landing on the East Coast of Cape York north to Pajinka at the tip and south on the West Coast to the south bank of the Skardon River.
NCY#3
NATIVE TITLE DETERMINATION AREA
The majority of the determination area is exclusive native title – dark blue area.
There is a light blue area beside Jardine River down to crab island being nonexclusive native title as Torres Shire Council holds an ongoing interest previously being a recreation reserve.
The other light blue area (non-exclusive) down near Ducie River is mining lease area under Rio Tinto.
The NCY#3 native title determination covers inland from Skardon River to Bramwell following the Ducie River and Dulhunty River.
The determination areas incorporate country for four language groups Atambaya, Ankamuthi, Gudang, Yadhaigana.
Applicants for NCY#1 & NCY#3
Objectives
Property
- To hold land transferred pursuant to the ALA;
- To be the grantee, including sole grantee, of grants of land made under the ALA;
- To own land, including legal and equitable interests in land;
- To hold native title interests in land;
- To receive royalty payments from the State under the ALA; and
- To lawfully distribute any of the Corporation’s property, in kind or otherwise, among any of its members either alone or with others.
Functions
- To be the subject of a determination of native title under section 56 or section 57 of the NTA;
- To fulfil the role and functions of a prescribed body corporate under regulation 6 or regulation 7 of the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth);
- To fulfil the role and functions of a land trust in accordance with the ALA and the Aboriginal Land Regulation 1991 (Qld);
- To fulfil the role and functions of a trustee in accordance with the Nature Conservation Act 1992 (Qld) and any associated Indigenous Management Agreement
- To act as trustee of land granted pursuant to the Land Act 1994 (Qld), including ordinary freehold land;
- To act as trustee of any community purpose reserves pursuant to the Land Act 1994 (Qld);
- To act as trustee of any other trust, whether charitable or otherwise, established for the benefit of any of its members either alone or with others;
- To enter into compensation or other agreements for mining and other activities pursuant to the Mineral Resources Act 1989 (Qld), the NTA and any other legislation; and
- To exercise all powers necessary or convenient to perform its functions for the benefit of the Native Title Holders and Statutory Title Holders in all matters relevant to these objects.
Community Develop
- To protect, preserve and advance the traditions, laws, languages, culture and customs of its members; and
- to promote and support the legitimate economic, social and cultural aspirations of its members.
Representation
RNTBC Role
As the RNTBC Ipima Ikaya Aboriginal Corporation represents the native title holders included under NCY#1 and NCY#3 and carries their voice to negotiations about their land and cultural heritage. The board of directors and individual directors cannot make any decisions, they must consult with the native title holders connected to the land about all matters concerning their land. Ipima Ikaya is responsible to ensure that:
The Aboriginal native title holders of the land are kept informed of what is happening on their land
Consult with native title holders to gain approval or refusal of use of their land
Ensure that due compensation is received from others using Aboriginal land
Represent native title holders to ensure their voice is heard concerning what is happening on their land
Identify sites of cultural or historical heritage significance within the region and register them formally, advise agencies of cultural heritage concerns on sites they seek to use.
The Role Of
Cape York Land Council
Cape York Land Council is a representative body which assist traditional owners to make native title claims, it is funded by the Commonwealth Government to provide legal representation.
CYLC often provides legal advice to the RNTBC on a range of native title matters post determination.