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Harrison Dam Conservation Area Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 November 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Southeast of Darwin, Northern Territory, Australia
The ILUA area is located southeast of Darwin. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'All that parcel of land Beatrice Hill in the Hundred of Guy, Northern Territory of Australia containing an area of 3284 hectares more or less being Section 1574 more particularly delineated on Survey Plan S87/265 lodged with the Surveyor General, Darwin.' The ILUA area falls within the Yilli Rreung Regional Council ATSIC region and the Litchfield Shire Council local government region.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: DI2004/048.
Subject Matter:Environmental Heritage | Future Act | Land Management | Land Use | Native Title
Summary Information:
The Harrison Dam Conservation Area Indigenous Land Use Agreement (ILUA) was made between the Northern Land Council and the Northern Territory of Australia to clarify the future title and management of the Harrison Dam Conservation Area.

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 Harrison Dam Conservation Area is listed under Schedule 3 of the Parks and Reserves (Framework for the Future) Act 2003 (NT). This means that no change in tenure is required to bring the Reserve in line with new arrangements for Northern Territory National Parks. However, the Act does require a joint management agreement to be implemented.

Under the ILUA, the parties consent to the execution of a joint management plan for the Harrison Dam Conservation Area. The Northern Territory Government and the Northern Land Council agree to manage the Reserve in accordance with Joint Management Principles. The Parties consent to any action permitted in the Joint Management Plan, regardless of whether these actions are 'future acts'. Reference is also made to agreement regarding compensation and use of the Park.

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 conditions 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 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 Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Litchfield Shire Council
  • Yilli Rreung Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Parks and Reserves (Framework for the Future) Act 2003 (NT)
  • People
  • Robert Vincent Browne and William Risk - Signatory
  • 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
    Harrison Dam Conservation Area 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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