The stated purpose of this Bill is to deliver improved state land decision and land titling processes and to support the adoption of Australia’s latest standard for measuring position, the Geocentric Datum Australia 2020 (GDA2020). In addition, this Bill is intended to extend the boundary of the Cape York Peninsula Region to deliver uniformity in the management of the Cape York Peninsula (CYP) protected area estate.
Currently, the priority criteria for granting land without competition under the Land Act 1994 (Qld) (Land Act) can only be met if traditional owners lodge a native title claim over the particular lot of unallocated state land to have the previous extinguishment disregarded (which has the effect of reviving their native title). The Bill amends the Land Act to allow the state to grant without competition unallocated state land identified in an Indigenous Land Use Agreement (ILUA) where native title exists or otherwise would have existed but for historical extinguishment. Specifically, the amendment eliminates the unnecessary cost and time of filing a native title claim.
Furthermore, by extending the boundaries of the Cape York Peninsula Region, the Bill ensures that the additional land is able to be transferred to Aboriginal ownership and that parts of the land are dedicated as national park (Cape York Aboriginal Land), provided that the CYP protected area estate is managed uniformly by the Eastern Kuku Yalanji people and the Department of Environment and Science.
For further information see the Explanatory Note and the Explanatory Speech.