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Native Gap Conservation Reserve Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 October 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Near Aileron, Northern Territory, Australia
The ILUA area is located northwest of Alice Springs. 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 Aileron in the Northern Territory of Australia containing an area of 11.42 hectares more or less being the whole of Northern Territory Portion 1743 more particularly delineated on Survey Plan S79/99 lodged with the Surveyor General, Darwin.' The ILUA area falls within the Central Remote Regional Council ATISIC region.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: DI2004/034.
Subject Matter:Environmental Heritage | Future Act | Land Management | Land Transaction | Land Use | Native Title
Summary Information:
The Native Gap Conservation Reserve Indigenous Land Use Agreement (ILUA) was made between the Central Land Council and the Northern Territory of Australia to clarify the future title and management of the Native Gap Conservation Reserve.

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 Native Gap Conservation Reserve is listed under Schedule 2 of the Parks and Reserves (Framework for the Future) Act 2003 (NT). This means that the tenure of the ILUA land is changed to 'park freehold title' and is granted to a Park Land Trust (section 9). The land is then leased back to the Northern Territory Government for a minimum period of 99 years. The Act also stipulates the implementation of a joint management agreement.

Under the ILUA, the parties consent to the granting of Park freehold title in accordance with the Act (as above), and the grant of a lease over the Park to the Northern Territory. The Northern Territory Government and the Central Land Council also agree to the execution of a joint management plan for the Native Gap Conservation Reserve. The parties consent to any action permitted in accordance with the lease and under the Joint Management Plan, regardless of whether these actions are 'future acts'.

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

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) (regarding the grant of fee simple title), and to otherwise deal with native title issues in respect of the scheduling of the park as Aboriginal land under the ALRA, the lease of the park to the Northern Territory Government, the execution of the Joint Management Deed and actions taken in accordance with the Plan of Management for the Park.

Related Entries

Organisation
  • National Native Title Tribunal
  • Northern Territory of Australia - Signatory
  • 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)
  • Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
  • Parks and Reserves (Framework for the Future) Act 2003 (NT)
  • 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
    Native Gap Conservation Reserve Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    Glossary

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

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