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Dhimurru Section 73 Agreement
|Date:||16 November 2002|
|Sub Category:||Indigenous Partnership | Joint Management Agreement|
|Location:||Arnhem Land, Northern Territory, Australia|
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|Subject Matter:||Collaboration / Partnership | Cultural Heritage | Employment and Training | Environmental Heritage | Land Management|
|The Dhimurru Section 73 Agreement (the Agreement) is made under section 73 of the Territory Parks and Wildlife Conservation Act of the Northern Territory (the Act). The parties are the Arnhem Land Aboriginal Land Trust (Land Trust), the Northern Land Council (NLC), Dhimurru Land Management Aboriginal Corporation (Dhimurru), the Parks and Wildlife Commission of the Northern Territory (PWCNT) and the Commonwealth of Australia (Commonwealth), represented by Environment Australia.|
The Agreement is in relation to the Dhimurru Indigenous Protected Area (IPA) managed by Dhimurru and which is part of land which is Aboriginal owned and held by the Land Trust on behalf of the Aboriginal Traditional Owners (TAOs) of the land. Under s73 of the Act the PWCNT is empowered to enter into negotiations and finalise agreements with an Aboriginal Land Council relating to schemes for the protection and conservation of wildlife in and the protection of the natural features of Aboriginal land.
The parties have agreed to management and administration arrangements for the IPA in accordance with the terms and conditions of the Agreement.
The Agreement is the first s73 Agreement to be made in relation to an IPA.
|The Agreement is for a term of 21 years from the date of execution, unless terminated in accordance with the terms of the Agreement. In the final year of the term, if desired, the parties can enter into negotiations for renewal of the Agreement on substantially the same terms and conditions.|
The Agreement provides for the establishment of an Advisory Group which consists of 5 members appointed as follows:
The Advisory Group is obliged to hold meetings not less than three times per year and is given administrative support by Dhimurru. It is responsible for developing recommendations relating to the management of the IPA for consideration of the Executive Committee of Dhimurru. These include but are not limited to:
Under the Agreement Dhimurru has agreed to manage the IPA in accordance with the directions of the TAOs, Dhimurru's internal rules of governance, the Plan of Management, the Agreement, the Act and any relevant by-laws. It has agreed to:
Services agreed to be provided by the PWCNT are:
The NLC has statutory functions under the terms of the Aboriginal Land Rights (Northern Territory) Act (ALRA), including representation of and assistance to the TAOs of the IPA and consultations with TAOs regarding actions in relation to the land which require the consent of the NLC under the ALRA, eg consent to the draft Plan of Management or proposals for commercial development of the land. The NLC has agreed to give other management support services relevant to the management of the IPA as may be agreed, as well as to advise Dhimurru of any development proposals that it becomes aware of that may affect the IPA.
The Agreement provides that Dhimurru, in collaboration with the PWCNT, the NLC and the TAOs, shall prepare a draft Plan of Management for the IPA, which shall reflect the management wishes of the TAOs. The Plan of Management shall provide a framework for addressing issues in the context of land management, including but not limited to:
Other provisions of the Agreement are in relation to:
|Joint Management Agreement | Indigenous Partnership|
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