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Bundjalung People of Byron Bay Indigenous Land Use Agreement (ILUA 2)

Category: Agreement
Date: 22 April 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Byron Bay, New South Wales, Australia
The agreement area of approximately 1866 square kilometres is located in the vicinity of Byron Bay, New South Wales. It comprises the land and waters within the boundaries of the Byron Bay Bundjalung People #1 native title determination application NSD6010/98 and the Byron Bay Bundjalung People #3 native title determination application NSD6020/01. The area is described as follows:

Schedule F: 'Extinguished Lands'
Lot 398 in DP728550
Lot 387 in DP728536
Allotment 5 Section 26 in DP758207
Allotment 10 section 62 in DP758207
Lot 13 in DP112794
Lot 12 in DP111263
Lot 7009 in DP1026798
Lot 14 in DP112794

Schedule G: 'Surrendered Lands'
Lot 407 in DP729057
Lot 408 in DP729057
Lot 10 in DP1049827
Lot 392 in DP728539
Allotment 1 Section 23 in DP758207
Lot 457 in 1087879
Lot 383 in DP728202
Lot 384 in DP728503
Lot 11 in DP249282
Lot 410 in DP729062
Lot 159 in DP755695
Lot 306 in DP755695
Lot 400 in DP728187
Lot 230 in DP755695
Lot 7016 in DP1106620
Lot 8 in DP248688
Lot 8 in DP112111
Lot 404 in DP728256
Red Devil's Encroachment
Lot 3 in DP248009
Lot 4 in DP248009
Lot 438 in DP729107
Broken Head Caravan Park Land as descibed in Schedules L & M of the agreement.

Schedule O: 'National Parks Land - Additions to Existing National Parks Estate'
Part 360/704247
7017/755695
Part 369/723046 (That part not covered by the Broken Head Caravan Park Land as listed in Schedule L of the agreement)
53/597553
7014/1084859
396/728544
398/728550
331/755695
395/728541
394/728540
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 22 of April, 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. NI2006/004
Subject Matter:Collaboration / Partnership | Employment and Training | Land Management | Native Title | Native Title - Extinguishment
Summary Information:
The Bundjalung People of Byron Bay Indigenous Land Use Agreement (ILUA 2) was concluded between the Government of New South Wales (NSW) and the Bundjalung people within the Byron Shire Council region. It builds on an earlier ILUA [Bundjalung of Byron Bay (Arakwal) Indigenous Land Use Agreement (ILUA)] between the Bundjalung and the NSW government which created the Arakwal National Park (Byron Bay Indigenous Land Use Agreements Backgrounder).

The ILUA involved the Bundjalung surrendering any potential native title in the lands and waters identified in the agreement in exchange for the transfer of freehold title over the Broken Head Crown Caravan Park (Byron Shire Council website), a transfer of crown land to NSW National Park management and recognition of the Bundjalung through employment and co-management schemes in the National Park area.
Detailed Information:
The Bundjalung did not obtain a determination as to the existence of native title rights. However, they surrendered any native title rights and consented to future acts in the National Park region, including public works over the claim area dating back to 1 January 1994.

The agreement comprised of the transfer of 124 hectares of land to New South Wales National Parks, which is to be coupled with an ongoing employment and training program for the Bundjalung People in the National Park. In addition, a grant of freehold title over the Broken Head Caravan Park to the Bundjalung people aims to stimulate economic development for the Bundjalung.

Related Entries

Agreement
  • Kelly on behalf of the Byron Bay Bundjalung People v NSW Aboriginal Land Council [2001] FCA 1479 (23 October 2001)
  • Bundjalung of Byron Bay (Arakwal) Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Arakwal Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • State of New South Wales
  • National Parks and Wildlife Service (NSW)
  • Byron Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • National Parks and Wildlife Act 1974 (NSW)
  • People
  • Linda Jane Vilder, Dulcie Nicholls, Yvonne Stewart, Stan Kay, Norman Graham and Brian Kelly on behalf of the Bundjalung People of Byron Bay - Signatory
  • Bundjalung People
  • Anthony Bernard Kelly - Signatory
  • Debus, Robert John - Signatory
  • Director General of Department of the Environment and Conservation (NSW) - Signatory
  • Arakwal People

  • References

    General Reference
    Byron Shire Council (Website) Indigenous Land Use Agreement
    Media Release
    National Native Title Tribunal Website (8 February 2007) Indigenous Land Use Agreements Deliver Benefits in Byron Bay.
    National Native Title Tribunal (8 February 2007) Byron Bay Indigenous Land Use Agreements Backgrounder
    Resource
    National Native Title Tribunal (22 April 2008) Extract from the Register of Indigenous Land Use Agreements

    Documents

    Map
    Bundjalung People of Byron Bay (ILUA 2) - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | National Park | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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