This Act amends numerous Queensland legislative instruments for various policy purposes. Of relevance to native title holders are amendments to the state land management process which (1) allow the Queensland Government to grant unallocated state land to traditional owners who lack determined native title and (2) extends the boundary of the Cape York Peninsula region. The Act received assent in February 2020.
Indigenous Land Use Agreements (ILUAs)
Previously, if native title was extinguished, native title holders did not meet the criteria for non-competitive land grants under the Land Act 1994 (Qld). This has prevented land transfers agreed to in an ILUA from being effected. The amending Act, inserting s 123A into the Land Act, provides for the grant of land, without competition, to people who would have otherwise held native title but for historical extinguishment. The section applies where the state is a party to a registered ILUA which provides for the granting of land. The land can be granted to an individual or corporation, identified in the ILUA, who will hold the land on trust. The ILUA must also specify any price or consideration paid and describe the area. The amendment does not affect any existing processes but provides an additional option for land grants under the Act.
Cape York Amendments
The Cape York Peninsula Heritage Act 2007 (Qld) includes a map of the region. This was last updated in 2013 to include lands in the 2007 Eastern Kuku Yalanji ILUAs, including the Daintree National Park. The 2020 amending Act updates the boundary of the region to add four land parcels to the Daintree National Park and three parcels of state land. The amendment ensures additional land is able to be transferred to Aboriginal ownership and parts of the land dedicated as national park. This supports negotiations underway with the Eastern Kuku Yalanji people about the transfer of land to Aboriginal ownership in the region.