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ORDINARY MEETING 5 28 JULY 2010

CHANGE OF LOCAL GOVERNMENT BOUNDARIES BETWEEN CAIRNS REGIONAL COUNCIL AND WUJAL WUJAL ABORIGINAL SHIRE COUNCIL – DIVISION 10.

Liam Nicholas : 1/3/112-01: #2641658

RECOMMENDATION:

That Council applies to the Minister for Local Government and Aboriginal and Torres Strait Islander Partnerships for a referral to the Local Government Change Commission to review the local government boundaries between Cairns Regional Council and Wujal Wujal Aboriginal Shire Council to include the local football field (to be described as Lot 2 on SP171837) and an area of road to be permanently closed (shown at stations 7-13-20-9-7 on SP171837) into the Wujal Wujal Aboriginal Shire boundary, in accordance with tenure amendments provided in the Eastern Yalanji, Queensland and Wujal Wujal Aboriginal Shire Council Indigenous Land Use Agreement (ILUA) QI2006/013.

Furthermore, Council delegates authority to the Mayor and Chief Executive Officer in accordance with section 257 of the Local Government Act 2009 to determine any and all matters associated with this issue.

INTRODUCTION:

During mediation for Native Title Determination Application QUD 6001/98 Yalanji People (Application) it was negotiated that the local football field and area of road to be permanently closed are to be included within the boundaries of the Wujal Wujal Deed of Grant in Trust (DOGIT).

The football field currently encroaches upon a Special Lease held by Bana Mindilji Aboriginal Corporation which is over the existing Timber Reserve described as Lot 165 on FTY1722 and is within the Cairns Regional Council local government boundary. The football field area has now been surveyed and is to be described as Lot 2 on SP171837 with an area of 2.362 ha.

The road to be permanently closed, shown at stations 7-13-20-9-7 on SP171837 with an area of 1.454 ha, is also within the Cairns Regional Council local government boundary.

The football field is in general use by the Wujal Wujal Aboriginal community and it is appropriate that it be included in the Wujal Wujal DOGIT and therefore within the local government boundaries of the Wujal Wujal Aboriginal Shire Council.

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Whilst the subject ILUA provides for the Wujal Wujal DOGIT boundary to be amended, it is necessary to make application to the Minister for Local Government and Aboriginal and Torres Strait Islander Partnerships for a referral to the Local Government Change Commission to review the local government boundaries between Cairns Regional Council and Wujal Wujal Aboriginal Shire Council.

BACKGROUND:

The Yalanji Application was lodged in the Federal Court in 1994. The former Douglas Shire Council and Wujal Wujal Aboriginal Shire Council were amongst parties to the Application.

Approximately 15 ILUAs were entered into by parties to the Application, with the former Douglas Shire Council entering into two ILUAs and the Wujal Wujal Aboriginal Shire Council entering into one ILUA. The ILUAs were registered by the National Native Title Tribunal on 5 October 2007.

The Application received consent determination of native title from the Federal Court on 9 December 2009 which recognised the existence of both exclusive and non-exclusive native title rights and interests over the area of the Application.

The Cairns Regional Council has taken on the benefits and obligations of the former Douglas Shire Council under the ILUAs.

In particular, clause 20 of the subject ILUA sets out an amendment to the Wujal Wujal DOGIT boundary to include the football field area and an area of road to be permanently closed.

This action is a negotiated outcome from mediation of the Yalanji Application to which the former Douglas Shire Council was a party.

COMMENT:

Property Services

Property Services advises that this matter has been considered by the Commentary on Property (COP) Team and the Executive Team. Comments received from COP indicate there is no infrastructure in the vicinity and there are no objections to the proposal.

CONSIDERATIONS:

Corporate and Operational Plans:

This report has been prepared in accordance with Corporate Plan Goal 3 Delivering Integrated Planning. Objective 3.1 is to implement an integrated approach to planning and Council and its stakeholders.

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Statutory:

Chapter 2, Part 3 of the Local Government Act 2009 outlines the procedures for reviewable local government matters (boundary changes).

The issue of tenure will be in accordance with the requirements of the Land Act 1994 and the Land Title Act 1994.

Policy:

N/A

Financial and Risk:

There will be no loss in rates revenue and maintenance costs will now transfer to Wujal Wujal Aboriginal Shire Council.

Sustainability:

The proposed local government boundary re-alignment would further increase good-will between Cairns Regional Council and Wujal Wujal Aboriginal Shire Council and will also provide governance to Wujal Wujal Aboriginal Shire Council over areas currently used by the Wujal Wujal community.

CONSULTATION:

Consultation for the boundary realignment for the football field and area of road to be permanently closed has been undertaken as part of the negotiations and registration of the Eastern Yalanji, State of Queensland and Wujal Wujal Aboriginal Shire Council Indigenous Land Use Agreement QI2006/013.

OPTIONS:

1. That Council applies to the Minister for Local Government and Aboriginal and Torres Strait Islander Partnerships for a referral to the Local Government Change Commission to review the local government boundaries between Cairns Regional Council and Wujal Wujal Aboriginal Shire Council to include the local football field (to be described as Lot 2 on SP171837) and an area of road to be permanently closed (shown at stations 7-13-20-9-7 on SP171837) into the Wujal Wujal Aboriginal Shire boundary, in accordance with tenure amendments provided in the Eastern Yalanji, Queensland and Wujal Wujal Aboriginal Shire Council Indigenous Land Use Agreement (ILUA) QI2006/013.

Furthermore, Council delegates authority to the Mayor and Chief Executive Officer in accordance with section 257 of the Local Government Act 2009 to determine any and all matters associated with this issue.

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2. That the existing boundary alignment remains with no change to the local government boundaries for Cairns Regional Council or Wujal Wujal Aboriginal Shire Council.

CONCLUSION:

The local government boundary realignment to include the local football field and area of road to be permanently closed into the Wujal Wujal Aboriginal Shire Council area and should align with the general use by the Wujal Wujal community.

ATTACHMENTS:

Attachment A – Clause 20 of the Eastern Yalanji, Queensland and Wujal Wujal Aboriginal Shire Council ILUA QI2006/013 Attachment B – SP171837 Attachment C – Locality Map Attachment D – Aerial Photo

Linda Kirchner Acting General Manager Corporate Services

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Attachment A Clause 20 of the Eastern Yalanji, Queensland and Wujal Wujal Aboriginal Shire Council ILUA QI2006/013

20. DOGIT Boundary

20.1 If within two years of this Agreement being Registered the Land Act 1994 (Qld) is amended such that the Football Field Area and Wujal Road Closure Area may, subject to the exercise of all relevant statutory discretions, be included in the deed of grant in trust in relation to Lot 4 on SR836, then:

(a) the State will, as soon as practicable following the amendment, make the necessary application for the Football Field Area and Wujal Road Closure Area to be included in the deed of grant in trust under the Land Act 1994 (Qld), as amended; and

(b) the Council will do all things necessary to enable the Football Field Area and Wujal Road Closure Area to be included in the deed of grant in trust.

20.2 The Council and the Native Title Parties intend that if the Football Field Area and Wujal Road Closure Area are included in the deed of grant in trust as referred to in clause 20.1, the Football Field Area Agreement to Lease and the Wujal Road Closure Area Agreement to Lease will terminate from the date of any such inclusion.

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Attachment B SP171837 showing Lot 2 (Football Field) and area of road to be permanently closed (stations 7-13-20-9-7)

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Attachment C Locality Map

Approx area of boundary re-alignment

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Attachment D Aerial Photo

approx area of road to be permanently closed

Football Field

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