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Ngadjuri Faraway Hills Pastoral Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 February 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Faraway Hills Pastoral Station, South Australia, Australia
The Faraway Hill sheep station is a 45,000ha property located in South Australia's north-east, 95km north-west of Burra. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:

'Faraway Hill Pastoral Lease (Pastoral Lease Number 2243) recorded in Crown Lease Register Book Volume 1289 Folio 37 and described as lot 914 in Plan 835900 excluding any public roads.'

The area of the ILUA is in the Unincorporated Areas - SA local government area and also falls within the jurisdiction of the Patpa Warra Yunti Regional Council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: SI2005/005
Subject Matter:Cultural Heritage | Native Title | Pastoral Activities
Summary Information:
The Ngadjuri Faraway Hills Pastoral Indigenous Land Use Agreement (ILUA) was agreed between the State of South Australia, Ngadjuri Walpa Juri Land and Heritage Association Inc. on behalf of the Ngaduri People and AJ and PA McBride Pty Ltd on 20 February 2006.

This ILUA represents agreement between the Ngadjuri people and the McBride Pastoral Company and 'formalises what has been [an] enduring friendship between the Ngadjuri people and the AJ and PA McBride Pastoral Company, harking back to the McBride family first securing the Faraway Hill pastoral lease at the turn of last century' (National Indigenous Times). The ILUA was negotiated over 18 months and sets out the respective rights, interests and responsibilities of each party in relation to the ILUA area, including that:
  • Ngadjuri people may continue to carry out their traditional activities, including hunting, camping and performing ceremonies on the area; and
  • The McBride family may continue to graze and use the 45,000 hectare property.

    The ILUA also 'offers practical, on-the-ground management of Aboriginal heritage' (National Indigenous Times).

    Speaking at the signing of this agreement, Perry Agius from the Aboriginal Legal Rights Movement said that 'this sends a message that there's nothing to be afraid of. Sit down and have a yarn - sit down and negotiate' (ABC Rural).
  • Detailed Information:
    This ILUA does not provide for 'future acts'. Under the Native Title Act 1993 (Cth) 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.

    Related Entries

    Organisation
  • AJ and PA McBride Pty Ltd - Signatory
  • National Native Title Tribunal
  • State of South Australia - Signatory
  • Ngadjuri Walpa Juri Land and Heritage Association Incorporated - Signatory
  • Aboriginal Legal Rights Movement Inc
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Ngadjuri People

  • References

    Article
    National Indigenous Times (2005) ILUA signed for Faraway Hill
    Drew Radford - ABC Rural (2005) Historic native title agreement signed
    Newspaper Article
    (July 2005) 'Second SA pastoral ILUA set to be signed' (2005) 25 Aboriginal Way 4
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

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

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