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Githabul People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 August 2007
Sub Category:Consent Determination (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Northern New South Wales, New South Wales, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:

"The agreement area of approximately 1,199 square kilometres is located north of the townships of Casino and Tenterfield south of the Queensland/New South Wales State border. The area includes Border Ranges National Park, Richmond Range National Park, Richmond Range State Forest, Yabbra National Park, Yabbra State Forest, Toonumbar National Park and Toonumbar State Forest.

The agreement area falls within the Kyogle, Tweed and Tenterfield Shire Council local government areas."
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 August 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: NI2006/001
Subject Matter:Access | Cultural Heritage | Customary Law | Employment and Training | Environmental Heritage | Forestry | Native Title | Recognition of Traditional Rights and Interests
Summary Information:
The Githabul People Indigenous Land Use Agreement (ILUA) was agreed between:

  • Anthony Bernard Kelly, Minister for Lands, on behalf of the State of New South Wales;
  • Githabul Nation Aboriginal Corporation;
  • Forestry Commission of NSW;
  • Casino Rural Lands Protection Board;
  • Woodenbong Common Trust; and
  • Trevor Close as Registered Native Title Claimant for the Githabul People Native Title Determination Application - Federal Court Proceeding NG6019/98.

    The ILUA was registered on 15 August 2007. The purpose of the ILUA is to settle the New South Wales section of the Githabul People's native title claim over 112,000 hectares of national parks and state forests.

    The rights and interests of the respective parties to the ILUA, and those of other stakeholders in the determination area, were confirmed by the Federal Court in a consent determination pursuant to the Native Title Act 1993 (Cth), delivered on 29 November 2007 in Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847. This acknowledged the right of the Githabul People to enter all areas covered by the agreement in order to exercise their rights and protect their interests.

  • Detailed Information:
    The parties to the ILUA consent to the co-management of 10 national parks and 13 state forests within the ILUA area, as well as to the freehold transfer of 102 hectares of land to the Githabul Nation Aboriginal Corporation. The ILUA also provides for employment opportunities.

    This ILUA 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 to future acts, 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 National Native Title Tribunal (NNTT) states that this ILUA covers the largest ILUA area yet seen in New South Wales.


    Related Entries

    Agreement
  • Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847 (29 November 2007)
  • Organisation
  • State of New South Wales - Previous
  • National Native Title Tribunal
  • Forestry Commission of New South Wales - Signatory
  • Kyogle Council
  • Tenterfield Shire Council
  • Tweed Shire Council
  • Department of Environment and Climate Change (NSW)
  • Githabul Nation Aboriginal Corporation - Signatory
  • Casino Rural Lands Protection Board - Signatory
  • Woodenbong Common Trust - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Anthony Bernard Kelly - Signatory
  • Trevor Close - Signatory

  • References

    General Reference
    National Native Title Tribunal (28 February 2007) Githabul People to benefit from indigenous land use agreement
    National Native Title Tribunal (16 August 2007) Githabul People move closer to native title recognition
    Newspaper Article
    The Koori Mail (26 September 2007) Githabul 'heart' returned to the people
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name
    NSW National Parks and Wildlife Service (2000) Statement of Reconciliation from Staff of NSW National Parks and Wildlife

    Glossary

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

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