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Cox Peninsula Water Supply Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 January 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cox Peninsula, 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:

'Section 81 of the Hundred of Bray in the County of Palmerston being part of a wider area of land on the Cox Peninsula which is the subject of Aboriginal land claim No 37, Kenbi (Cox Peninsula) made in accordance with section 50 of the ALRA [Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).' The area is in the area of the Yilli Rreung Regional Council, and in the Unincorporated Areas (NT)local government area.
Legal Status: Registered with the National Native Title Tribunal Register of Indigenous Land Use Agreements on 12 January 2006. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: DI2004/01
Subject Matter:Housing, Construction and Infrastructure | Native Title | Water
Summary Information:
The Cox Peninsula Water Supply Indigenous Land Use Agreement (ILUA) was agreed between the Northern Territory Power and Water Corporation, the Northern Land Council and the Native Title Parties on 12 January 2006.

The purpose of the ILUA is to provide consent for the construction of a water pipeline on the Cox Peninsula in order to upgrade the supply of water to residents. To achieve this, the ILUA consents to the construction of various infrastructures on the Charles Point Road Reserve, including bores and a water-rising main.
Detailed Information:
The Native Title parties agree that the Power and Water Corporation may do certain acts in order to further the construction of the water pipeline. This includes agreement that 'future acts' may be done. The parties also 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. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

The parties to the ILUA also consent to the doing of all actions needed to ensure the water pipeline's maintenance, operation, repair, removal, replacement and upgrade. In addition, the ILUA allows for the granting of an Easement in Gross over the land that is 5 metres in width and approximately 705 metres in length.

Related Entries

Organisation
  • National Native Title Tribunal
  • Power and Water Corporation - Signatory
  • Northern Land Council - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Native Title Parties to the Cox Peninsula Water Supply Agreement Indigenous Land Use Agreement (ILUA) - Signatory

  • References

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

    Documents

    Map
    Cox Peninsula Water Supply 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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