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N'Dhala Gorge Nature Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 September 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Alice Springs vicinity, 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 all that parcel of land near N'Dhala Gorge in the Northern Territory of Australia containing an area of 501.6 hectares more or less being Northern Territory Portion 784 and bounded by lines described as follows: Commencing at a point on an eastern boundary of Northern Territory Portion 771 (Undoolya) situated 15696.4 metres northerly of the northwestern corner of Northern Territory Portion 318 (Todd River), the said point being more particularly deliniated on Survey Plan A162 lodged with the Surveyor General, Darwin; thence northerly by part of an eastern boundary of Northern Territory Portion 771 for 2011.68 metres; thence by lines bearing 81 degress 7 minutes 2524.45 metres, 180 degrees 2011.68 metres and 261 degrees 7 minutes 2523.93 metres to the point of commencement.' The ILUA area falls within the Central Remote Regional Council ATSIC region.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: DI2004/021.
Subject Matter:Native Title | Environmental Heritage | Land Transaction | Land Management | Land Use
Summary Information:
The N'Dhala Gorge Nature 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 N'Dhala Gorge Nature 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
  • National Native Title Tribunal
  • Northern Territory of Australia - Signatory
  • Parks and Wildlife Commission of the Northern Territory
  • Central Land Council - Signatory
  • Central Remote Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Parks and Reserves (Framework for the Future) Act 2003 (NT)
  • Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
  • Case Law
  • Western Australia v Ward (2002) 191 ALR 1 (8 August 2002)

  • References

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

    Documents

    Map
    N'Dhala Gorge Nature Park 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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