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Utyerrkiwe (Community Living Area) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 March 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Alice Springs region, Northern Territory, Australia
The ILUA covers the area of the new community living area and is listed on the extract of the ILUA from the Register of Indigenous Land Use Agreements as 'NT Portion 6319 from Survey Plan S2003/016 in the Alice Springs Region'. The ILUA is in the Central Remote ATSIC region and is not within any incorporated local government area.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: DI2004/019.
Subject Matter:Native Title | Land Transaction | Land Use | Recognition of Traditional Rights and Interests | Future Act
Summary Information:
The Utyerrkiwe Indigenous Land Use Agreement (ILUA) Community Living Area (CLA) allows a section of land on the Elkedra pastoral lease 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 also agree that any action taken under the agreement in order for the land transaction to occur, 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
  • Northern Territory of Australia - Signatory
  • Central Land Council - Signatory
  • National Native Title Tribunal
  • Central Remote Regional Council
  • 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
    Utyerrkiwe Indigenous Land Use Agreement (ILUA) Community Living Area (CLA) Map - ( Image | Thumbnail | PDF)

    Glossary

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

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