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Emily and Jessie Gaps Nature Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 October 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Alice Springs vicinity, Northern Territory, Australia
The ILUA area is located 10 kilometres east of Alice Springs in the east Macdonnell Ranges. 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 Alice Springs in the Northern Territory of Australia containing an area of 695.2 hectares more or less being the whole of Northern Territory Portion 775 more particularly delineated on Survey Plan A230 lodged with the Surveyor General, Darwin.' The ILUA area falls within the Alice Springs Regional Council ATSIC region.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: DI2004/037.
Subject Matter:Compensation | Environmental Heritage | Land Transaction | Land Use | Native Title
Summary Information:
The Emily and Jessie Gaps 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 Emily and Jessie Gaps 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 2003 (NT) 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

Agreement
  • Emily and Jessie Gaps Nature Park - Heavitree Range Extension Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Northern Territory of Australia - Signatory
  • Central Land Council - Signatory
  • Parks and Wildlife Commission of the Northern Territory
  • 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)

  • References

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

    Documents

    Map
    Emily and Jessie Gaps Nature Park Indigenous Land Use Agreement (ILUA) Map - ( Thumbnail | PDF | Image)

    Glossary

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

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