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Finke Gorge National Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 September 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Southwest of Alice Springs, Northern Territory, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: ' "The Park" means (1). All that parcel of land near Finke Gorge in the Northern Territory of Australia containing an area of 3403 hectares more or less being the whole of Northern Territory Portion 929 more particularly delineated on Survey Plan S99/259 lodged with the Surveyor General, Darwin. (2). All that parcel of land near Finke Gorge in the Northern Territory of Australia containing an area of 32670 hectares more or less being the whole of Northern Territory Portion 996 more particularly delineated on Survey Plan S99/259 lodged with the Surveyor General, Darwin.' The ILUA area is the Central Remote Regional Council ATSIC region.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: DI2004/023.
Subject Matter:Native Title | Land Transaction | Environmental Heritage | Compensation | Land Management | Land Use
Summary Information:
The Finke Gorge National Park Indigenous Land Use Agreement (ILUA) was signed by the Central Land Council and the Northern Territory Government for the purpose of granting the Park as Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA).

This ILUA is one of 31 agreements signed over parks and reserves in the Northern Territory. The agreements were developed following the High Court's decision in Western Australia v Ward, which found that the Keep River National Park had not been properly established. In response, the Northern Territory Government pursued ILUAs and joint management agreements to resolve tenure disputes and management of the parks. These agreements were negotiated from 2002 to 2005, during which time the Parks and Reserves (Framework for the Future) Act 2003 (NT) was also passed. These arrangements aim to settle all native title issues in Northern Territory national park areas.
Detailed Information:
The Finke Gorge National Park is listed under Schedule 1 of the Parks and Reserves (Framework for the Future) Act 2003 (NT). This lists those areas for which tenure and management changes will occur in line with new arrangements for Northern Territory National Parks.

Under the ILUA, the parties consent to the granting of the Park as Aboriginal land under the ALRA and to facilitating the future development of the Park in compliance with the ALRA. The purpose of the ILUA is to satisfy the condition set out in s 10(1)(b) of the Parks and Reserves (Framework for the Future) Act, and to otherwise deal with native title issues in respect of the scheduling of the park as Aboriginal land under the ALRA.

Even though the land is returned to traditional owners, it will be leased back to the Northern Territory Government for a minimum of 99 years. The land must be used for parks. Agreements outlining joint management of the park by Indigenous groups and the Northern Territory Parks and Wildlife Service will be developed.

Related Entries

Organisation
  • Aboriginal and Torres Strait Islander Commission (ATSIC)
  • National Native Title Tribunal
  • Central Remote Regional Council
  • Central Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Legislation
  • Parks and Reserves (Framework for the Future) Act 2003 (NT)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
  • Case Law
  • Western Australia v Ward (2002) 191 ALR 1 (8 August 2002)

  • References

    Media Release
    National Native Title Tribunal (2005) Agreements over NT national parks an Australian first
    Human Rights and Equal Opportunity Commission (2005) Commissioner welcomes historic land use agreements in Northern Territory
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name
    National Native Title Tribunal (2005) Indigenous Land Use Agreements - Northern Territory Parks

    Documents

    Map
    Finke Gorge National Park Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    Glossary

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

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