{"id":"F2023L01654","name":"Native Title (Recognition as Representative Body – Cape York Land Council) Instrument 2023","slug":"native-title-recognition-as-representative-body-cape-york-land-council-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105018,"registerId":"commonwealth-F2023L01654-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Native Title (Recognition as Representative Body – Cape York Land Council) Instrument 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 January 2024

\n```\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 203AD(1) of the Native Title Act 1993.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\nIn this instrument:\n\nAct means the Native Title Act 1993.\n\nRepresentative Body means a representative Aboriginal/Torres Strait Islander body recognised under section 203AD of the Act.\n\nCape York Land Council means the Cape York Land Council Aboriginal Corporation (ICN 1163) as registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\n6 Recognised Representative Aboriginal/Torres Strait Islander Body\n\nFor subsection 203AD(1) of the Act, the Cape York Land Council is recognised as the Representative Body for the area described in Schedule 1.\n\n7 Period of recognition\n\nFor subsection 203AD(2) of the Act, this recognition as a Representative Body takes effect on 1 January 2024 and ceases to have effect at the end of 31 December 2026.\n\n \n\nSchedule 1—Description of area (Cape York Region)\n\n1 The Cape York Region is the area of land and waters bounded by lines commencing at the intersection of the centre thread of the Staaten River and the coastline of mainland Australia, and then proceeding due north in a straight line to the intersection with latitude 11 degrees south, then east along that latitude to its intersection with the coastline of mainland Australia, then generally north-easterly and south-easterly along the coastline to its intersection with latitude 11 degrees south on the eastern side of Cape York, then due east along that latitude to the point latitude 11 degrees south longitude 144 degrees 15 minutes east, then due north along that meridian to its intersection with the Exclusive Economic Zone of Australia (EEZ), then generally south-easterly along the eastern boundary of that EEZ to its intersection with the latitude of the southernmost point of the Mean High Water Mark of Snapper Island, then due west by that latitude to its intersection with a straight line bearing due north west to the intersection of the coast of mainland Australia and the centre thread of the Daintree River, then in a straight line due north-west to the aforementioned intersection, then generally north westerly along the centre thread of that River to its intersection with the centre thread of Adastra Creek, then generally northerly along the centre thread of that Creek to its intersection with the McDowall Mountain Range, then generally northerly along that Range to its intersection with southern boundary of the 1991 Local Government Area (LGA) of Cook, then generally westerly along the southern boundary of that LGA to its intersection with the eastern boundary of Carpentaria LGA, then generally southerly along the eastern boundary of that LGA to its intersection with the centre thread of the Staaten River, then generally westerly along the centre thread of that River to the point of commencement.\n\nThis area is to include Barn Island and Crab Island and to exclude the towns of\n\nSeisia and Bamaga.\n\n2 In this Schedule:\n\nexclusive economic zone means the exclusive economic zone within the meaning of the Seas and Submerged Lands Act 1973.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines recognition to the Cape York Region described in Schedule 1 for a stated period (1 Jan 2024–31 Dec 2026) and does not itself expand or narrow the statutory powers in subsection 203AD of the Native Title Act 1993. It establishes who the Representative Body is for that area and when the recognition applies; no alteration of the underlying statutory scope is made within this instrument (see sections 6–7 and Schedule 1)."},"complexity_factors":["Legal cross-reference to the Native Title Act 1993 and reliance on subsection 203AD(1) for authority (see section 3).","Detailed geographic boundary description using rivers, ranges, meridians, latitudes, the Exclusive Economic Zone and named features (Schedule 1) — requires mapping to operationalise.","Fixed, short recognition period (1 January 2024 to 31 December 2026) creates recurring administrative renewal or replacement tasks (see section 7).","Definitions and inclusions/exclusions (e.g. inclusion of Barn and Crab Islands; exclusion of Seisia and Bamaga) create interpretive points for application (see section 4 and Schedule 1).","Schedule amendment/repeal mechanism potentially alters other instruments and requires cross-referencing if changes occur (see section 5).","Formal commencement table and note on publication details add procedural formality but limited substantive complexity (see section 2)."],"plain_english_summary":"This instrument formally recognises the Cape York Land Council as the native title Representative Body for the Cape York Region (Schedule 1) under subsection 203AD of the Native Title Act 1993, effective 1 January 2024 to 31 December 2026. It defines the geographic boundaries (including certain islands and excluding Seisia and Bamaga) and thereby assigns the Council responsibility to represent Indigenous native title interests in that area, affecting claimants, the Council, government agencies and third parties involved in native title matters."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by its enabling provision (section 203AD of the Native Title Act 1993)—recognising a specific body as a Representative Body for a specific area and period. There is no scope creep; it is a routine administrative determination."},"complexity_factors":["Very short instrument (only 7 substantive sections plus a Schedule)","Only 4 defined terms in the interpretation section","Single operational purpose: recognition of one specific body for one specific area","Geographic description in Schedule 1 uses technical surveying language (latitude/longitude, centre threads of rivers, local government boundaries) but follows a standard formula","No cross-references to other legislation beyond the empowering provision (Native Title Act 1993) and definitions (Corporations (Aboriginal and Torres Strait Islander) Act 2006, Seas and Submerged Lands Act 1973)","No conditional logic, exceptions, or nested provisions","Straightforward commencement table with single date"],"plain_english_summary":"The instrument formally recognises the Cape York Land Council as the Native Title Representative Body for the Cape York region of Queensland (northern tip up to Torres Strait) from 1 January 2024 to 31 December 2026. It gives the Council legal authority to assist Aboriginal and Torres Strait Islander peoples with native title claims and negotiations, and requires governments and developers to engage the Council on native‑title matters in the area."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-recognition-as-representative-body-cape-york-land-council-instrument-2023","history":"/api/acts/native-title-recognition-as-representative-body-cape-york-land-council-instrument-2023/history","analysis":"/api/acts/native-title-recognition-as-representative-body-cape-york-land-council-instrument-2023/analysis","conflicts":"/api/acts/native-title-recognition-as-representative-body-cape-york-land-council-instrument-2023/conflicts","importantCases":"/api/acts/native-title-recognition-as-representative-body-cape-york-land-council-instrument-2023/important-cases","documents":"/api/acts/native-title-recognition-as-representative-body-cape-york-land-council-instrument-2023/documents"}}