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Swan Yard (Community Living Area) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 July 2004
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Swan Yard community, Northern Territory, Australia
The ILUA and the community living area cover Northern Territory Portion 6287 (identified from Survey Plan Number S.2003/3), which is a parcel of land in the north west of the Northern Territory. The area is not within any incorporated local government area. It is within the Garrak-Jarru ATSIC region.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: DI2004/007
Subject Matter:Native Title | Land Transaction | Future Act | Land Use
Summary Information:
The Swan Yard Community Living Area Indigenous Land Use Agreement allows a section of land to be purchased by the Northern Territory Government for the purpose of creating an Aboriginal community living area. Without the ILUA, the transaction in the land may have been subject to the future act and right to negotiate provisions of the Native Title Act 1993 (Cth) (the NTA).

The parties agree that the land transaction will not extinguish any native title rights and interests that may exist in the area - that is, the 'non-extinguishment principle' of the NTA applies.

This type of land transaction falls under Part 8 of the Pastoral Land Act 1992 (NT) and section 46(1A) of the Lands Acquisition Act 1978 (NT). Several other ILUAs have been made to create Aboriginal community living areas in the Northern Territory.

Related Entries

Agreement
  • Memorandum of Agreement between the Commonwealth and the Northern Territory on the Granting of Community Living Areas in Northern Territory Pastoral Districts
  • Organisation
  • National Native Title Tribunal
  • Central Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Garrak-Jarru Regional Council
  • Legislation
  • Miscellaneous Acts Amendment (Aboriginal Community Living Areas) Act 1989 (NT)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Pastoral Land Act 1992 (NT)
  • Lands Acquisition Act 1978 (NT)

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Swan Yard Community Living Area Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

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

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