Deed of Grant in Trust

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A Deed of Grant in Trust (DOGIT) is the name for a system of community-level land trust established in Queensland to administer former Aboriginal reserves and missions. They came about through the enactment by the Queensland Government of the Community Services (Torres Strait) Act 1984 and Community Services (Aborigines) Act 1984 in 1984, allowing community councils to be created to own and administer former Aboriginal reserves or missions under a Deed of Grant in Trust). [1] The trusts are governed by local representatives who are elected every three years to councils called Incorporated Aboriginal Councils. These councils have the power to pass by-laws, appoint police for the community, and are responsible for maintaining housing and infrastructure, running the Community Development Employment Program and issuing hunting, fishing and camping permits. [2] As such, they work much like a local government, but are different in character as they own the land they administer on behalf of the community. [3]

Contents

Most of the Torres Strait Islands entered DOGIT arrangements in October 1985, with the notable exception of Mer Island, which became the subject of the Mabo No.1 (1988) and No.2 (1992) cases. The first Aboriginal community to receive a DOGIT was Hope Vale on 27 July 1986. [4] In the years following, many DOGIT communities were established—mostly in the Cape York Peninsula, Torres Strait Islands and Carpentaria regions. The Local Government (Community Government Areas) Act 2004 extended to community councils many of the provisions and benefits of the Local Government Act 1993 normally enjoyed by shire councils.

From 1 January 2015, some trustees, namely those classified as "urban" or "future urban" (numbering 34) are able to convert parts of the collective title to either Aboriginal freehold or Torres Strait Islander freehold title. [5]

Communities

The following is a list of DOGIT communities in Queensland.

Name of communityArea (km²)PopulationExcised fromDate grantedDeed numberPrimary occupants
Badu Island 102.0786 Shire of Torres 17 October 198521296126
Bamaga 67.6869 Shire of Torres 27 October 198621328057
Boigu Island 71.7295 Shire of Torres 17 October 198521296127
Cherbourg 31.31241 Shire of Murgon 28 August 198616929228Wakka Wakka
Dauan Island3.6120 Shire of Torres 17 October 198521296130
Doomadgee 1786.01181 Shire of Burke 198750184313Gangalidda/Waanyi
Erub (Darnley) Island 5.9320 Shire of Torres 17 October 198521296129
Hammond Island 15.7208 Shire of Torres 17 October 198521296131
Hope Vale 1115.4856 Shire of Cook 27 July 198621321062
Iama (Yam) Island 1.7363 Shire of Torres 17 October 198521296138
Injinoo 795.4463 Shire of Cook 27 October 198621328058
Kowanyama 2571.91112 Shire of Carpentaria 23 July 198721345064Kokoberra, Yir Yorant, Kunjen
Kubin Island 152.5226 Shire of Torres 17 October 198521296132
Lockhart River 3596.9605 Shire of Cook 29 October 198721352021
Mabuiag Island 6.4240 Shire of Torres 17 October 198521296133
Mapoon 550.1262 Shire of Cook 26 April 1989(none)Tjungundji
Napranum 2007.3921 Shire of Cook 1 October 198921378037
New Mapoon 93.9381 Shire of Torres 27 October 198621328060
Palm Island 71.02165 City of Townsville 27 October 198621328055Bwgcolman, Manbarra
Pormpuraaw (Edward River)4362.0653 Shire of Carpentaria 28 July 198721345063Thaayorre, Mungkan
Poruma (Coconut) Island 6.5175 Shire of Torres 17 October 198521296128
St Pauls Island 18.5239 Shire of Torres 17 October 198521296136
Saibai Island 104.5368 Shire of Torres 17 October 198521296134
Seisia (Red) Island 2.6184 Shire of Torres 29 October 198721352022
Ugar (Stephen) Island 0.457 Shire of Torres 17 October 198521296135
Umagico (Alau)53.4267 Shire of Torres 27 October 198621328059
Warraber (Sue) Island 0.9239 Shire of Torres 17 October 198521296137
Woorabinda 388.1928 Shire of Duaringa 27 October 198630563185
Wujal Wujal (Bloomfield River)11.0361 Shire of Cook 29 October 198721352023Kuku Yalanji
Yarrabah (Cape Grafton)156.12599 Shire of Mulgrave 27 October 198621328056Gujangii
Yorke Island 1.6336 Shire of Torres 17 October 198521296139

See also

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In Australia, an Aboriginal land trust (ALT) is a type of non-profit organisation that holds the freehold title to an area of land on behalf of a community of Aboriginal Australians. The land has been legally granted to a community by the government under a perpetual lease, usually after the community makes a formal claim of traditional ownership. Land granted under Aboriginal title is inalienable; it can not be bought, sold, traded or given away. The land trust is the organisation appointed by the community to legally hold the title deeds. The land trusts are administered by Aboriginal land councils.

References

  1. Australian Institute of Aboriginal and Torres Strait Islander Studies (31 December 2010). "Native Title Resource Guide: Queensland" (PDF). Archived from the original (PDF) on 26 March 2015. Retrieved 13 April 2015.
  2. "DOGIT Communities..." Archived from the original on 29 August 2007. Retrieved 14 December 2007.
  3. Kaye, Stuart (1997). The Torres Strait. Boston: Martinus Nijhoff Publishers. pp. 12–15. ISBN   90-411-0506-9.
  4. Pearson, Noel (1989). "The Deed of Grant in Trust and Hope Vale Aboriginal Community, North Queensland". Aboriginal Law Bulletin. 2 (38): 12. Archived from the original on 21 November 2009.
  5. "Aboriginal and Torres Strait Islander land". Austrade. 26 February 2016. Retrieved 25 July 2020.