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Bradshaw Partnering Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 April 2004
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Near Timber Creek, Northern Territory, Australia
The area of the ILUA is located approximately 275 kms south west of Darwin, near the township of Timber Creek. It comprises Northern Territory Portion 3686 which was covered by Perpetual Pastoral Lease 1089 known as 'Bradshaw Station' (approximately 8170.1 sq kms) as well as a 'Bridge Area' and an 'Access Road Area'. It is now to be known as the Bradshaw Field Training Area.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: DI2001/004
Subject Matter:Cultural Heritage | Defence | Employment and Training | Housing, Construction and Infrastructure | Land Transaction | Land Use | Native Title
Summary Information:
The Bradshaw Indigenous Land Use Agreement is the most significant agreement to be concluded by the Commonwealth under the Native Title Act 1993 (Cth). It allows for the granting of a Defence Purpose Lease to the Commonwealth.

The Northern Land Council negotiated the agreement over the Bradshaw Station at Timber Creek with the Commonwealth on behalf of approximately 800 traditional owners who speak five traditional languages. The traditional owners are a party to the ILUA, represented by the Northern Land Council.

Bradshaw Station is a pastoral lease purchased by Defence in 1996 with the intention of it being used as a training area for the relocated 1st Brigade.

Under the agreement, the traditional owners have consented to the construction of a bridge and access road and the use of Bradshaw as a field training area for an initial period of 75 years with a right to renew for up to 225 years. The bridge and access road were completed in 2002, having been constructed during negotiations. The ILUA specifies that this construction and any related work that may be categorised as a 'future act' under the Native Title Act 1993 (Cth) is valid within the meaning of the Act.

The agreement ensures continued access to Bradshaw by traditional owners, the protection of sacred sites, employment opportunities, cultural awareness training and ongoing consultation between traditional owners and the Commonwealth.

Native Title will not be extinguished by the Defence Purposes Lease. The ILUA confirms that the right to negotiate provisions of the Native Title Act 1993 (Cth) will not apply to any maintenance or construction done under the purposes of the Defence Purpose Lease.

Related Entries

Organisation
  • National Native Title Tribunal
  • Northern Land Council - Signatory
  • Commonwealth of Australia - Signatory
  • Department of Defence
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Djamundjung People
  • Nungali/Ngaliwurru People
  • Murinkura People
  • Murinpatha People
  • Wardaman People
  • Policy/Strategy
  • Department of Defence Heritage Management Strategy

  • References

    Newspaper Article
    Northern Land Council (2002) Army and Bradshaw Traditional Owners close in on land use deal
    Report
    Northern Land Council (2003) Defence Signs Landmark Agreement

    Documents

    Map
    Bradshaw Partnering Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia)

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