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Bundjalung of Byron Bay (Arakwal) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 August 2001
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Byron Bay, New South Wales, Australia
The area covered by the Agreement is located in the vicinity of Cape Byron in the State of New South Wales and covers an area of about 2.966 sq km. The Agreement comprises those areas described as follows: Lot 435 DP729107, Lot 437DP729107, Lot 454 DP48493, Lot 171 DP755695, Lot 428 DP729069, Lot 324 DP755695, Lot 427 DP729068, Lot 452 DP48493, the Cape Byron State Recreational Area and an area adjacent to the eastern boundary of Lots 1 and 10 DP270196, and southern boundary of Lot 437 DP729107, being that area extending to the mean low water mark, bordered by the elongation of the northern boundary of Lot 10 DP270196 and southern boundary of Lot 1 DP270196.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: NIA2001/0
Payments:
  • - The extract from the Register of Indigenous Land Use Agreements for this ILUA states that: "The Registered Native Title Claimants acknowledge and agree that the benefits conferred under this Agreement (in accordance with clauses 6, 7, 8 and 19) represent full compensation for the doing of future acts under this Agreement and that no claims for compensation will be made by the Registered Native Title Claimants or any person claiming to be a member of the Arakwal people.
  • Subject Matter:Economic Development | Employment and Training | Environmental Heritage | Land Transaction | Land Use | Native Title | Tourism
    URL: http://www.environment.nsw.gov.au/jointmanagement/arakwal.htm
    Summary Information:
    The Arakwal Indigenous Land Use Agreement is the result of seven years of consultation between the Arakwal People, the New South Wales Government through the National Parks and Wildlife Service and the Department of Land and Water Conservation, a range of community groups and the Byron Shire Council. The NSW Aboriginal Land Council and the National Native Title Tribunal have been key players in mediation and negotiation.

    This Indigenous Land Use Agreement is the result of negotiations over the recognition of native title rights in the land and waters around Byron Bay, located on the central east coast of Australia.

    Under the agreement, the native title party, the Arakwal, consent to future acts to be done to create a national park. They also agree to surrender their native title rights over some areas of land (the Iron Bark Avenue Land and the Patterson Street Land) which will then be transferred to the Arakwal Corporation. They agree that these and other benefits under the agreement "represent full compensation" for activities in the area which may have affected native title rights and interests and that no further claims for compensation will be made.
    Detailed Information:
    Lorna Kelly, Linda Vidler and Yvonne Graham on behalf of the Arakwal People from northern NSW, commenced a process for recognition of native title rights in the land and waters around Byron Bay. The agreement marks the beginning of stage two of negotiations for a framework agreement aimed at resolving all native title and other interests in the traditional country of the Arakwal People.

    At the time of the 1995 NSW State election, Premier Bob Carr promised to create a national park on Crown land that was included in the Arakwal native title claim area.

    To pursue the creation of the new park, the National Parks and Wildlife Service convened the Cape Byron Consultative Committee that included the Arakwal People, the Byron Shire Council and other regional interest groups as well as environmental and resident bodies. That committee made a number of recommendations about the proposed national park and other Crown lands within the Byron Shire.

    As a result, a State Recreation Area around the Cape Byron Lighthouse, managed by a Trust made up of Arakwal people and community representatives, was established. In April 1997, representatives of the NSW Government and the Arakwal People signed an agreement establishing the recreation area.

    Since early 1996, there have been hundreds of meetings and consultations with all parties and interest-holders affected, or thought to be affected, by the native title claim. The process involved negotiations between the Arakwal People and the NSW Government about the national park proposal from 1998 to 2001.

    In October 2000, at a meeting arranged by the NSW Aboriginal Land Council, the Arakwal People authorised the Indigenous Land Use Agreement (ILUA) which was registered by the National Native Title Tribunal on 28 August 2001
    (Source: National Native Title Tribunal Media Release 28 November 2001).

    The ILUA describes the land in respect of this agreement as the National Park, Iron Bark Avenue Land and the Patterson Street Land.
    The main objects of this Agreement are that:
    2.1.1 The National Park Land be created as the Arakwal National Park;
    2.1.2 The Iron Bark Avenue Land be transferred to the Arakwal Corporation;
    2.1.3 There be an opening of an access road between the Iron Bark Avenue Land and the Iron Bark Avenue;
    2.1.4 The National Parks and Wildlife Service (NPWS) shall consult to develop a proposal to recommend to the Governor to dedicate land in the Taylor's Lake Area as a nature reserve;
    2.1.5 The Cottage at the Pass is available as accommodation to the Registered Native Title Claimants pending the Iron Bark Avenue being developed for residential occupation;
    2.1.6 The Cape Byron State Recreation Area Agreement is validated to the extent of any invalidity; and
    2.1.7 The Paterson Street Land be transferred to the Arakwal Corporation.

    Under the agreement, the Arakwal People have agreed to the creation of the Arakwal National Park, located around Cape Byron, adjacent to Byron Bay. This agreement is the first of its kind in Australia as it creates a new national park that will be jointly managed by the Arakwal People and the National Parks and Wildlife Service. The park will provide jobs and training for Arakwal people. In addition, they have agreed to the surrender of their native title (Native Title Consent Determination NC97/36; NG6088/98) in three small parcels of land in exchange for the transfer of two of those parcels to the Arakwal Corporation (Iron Bark Avenue Land and Paterson Street Land) and the opening of a public road. The agreement provides for Crown land to be transferred to the Arakwal Corporation for traditional owners to live on and also provides for the transfer of land for the construction of a cultural centre and tourist facility.
    Outcomes:
    The NSW National Parks & Wildlife Service Annual Report for 2002-2003 reported on activities undertaken by the Arakwal National Park Management Committee. For 2002-2003 this included studies to identify "Aboriginal heritage values of the park" and "plants that are culturally important to the Arakwal people" as well as development of a business plan and cultural centre plans. NSW Parks & Wildlife Services Annual Report 2002-2003 p36, available at http://www.nationalparks.nsw.gov.au/PDFs/annual_report_0203_03_Conservation_Management.pdf accessed 09/09/2004) (see the published resources for this agreement).

    Related Entries

    Agreement
  • Kelly on behalf of the Byron Bay Bundjalung People v NSW Aboriginal Land Council [2001] FCA 1479 (23 October 2001) - Requirement
  • Byron Shire-Arakwal People Heads of Agreement
  • Arakwal State Recreation Area Agreement
  • Byron Shire-Arakwal People Memorandum of Understanding
  • Kelly on behalf of the Byron Bay Bundjalung People v NSW Aboriginal Land Council [2001] FCA 1479 (23 October 2001) - Requirement
  • Bundjalung People of Byron Bay Indigenous Land Use Agreement (ILUA 2)
  • Organisation
  • New South Wales Aboriginal Land Council - Signatory
  • Arakwal Aboriginal Corporation - Signatory
  • Tweed Byron Local Aboriginal Land Council - Signatory
  • Cape Byron State Recreation Area Trust - Signatory
  • State of New South Wales
  • Department of Land and Water Conservation (NSW)
  • National Parks and Wildlife Service (NSW)
  • Byron Shire Council
  • Director-General of the National Parks and Wildlife Service (New South Wales) - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Arakwal People
  • Minister for Land and Water Conservation - Signatory
  • Minister for the Environment (New South Wales) - Signatory
  • Lorna Kelly and Linda Vidler on behalf of the Byron Bay Bundjalung People - Signatory
  • Debus, Robert John
  • Gilligan, Brian
  • Place
  • Arakwal National Park

  • References

    Book
    NSW National Parks & Wildlife Services (2003) Annual Report 2002-2003
    Media Release
    National Native Title Tribunal (2001) Media Release PR01/80 - 28 October 2001 Arakwal Indigenous Land Use Agreement Stands as Model for NSW
    National Native Title Tribunal (2001) Tribunal Advertises Land Use Agreement
    National Native Title Tribunal (1998) 'Byron Shire - Arakwal People Agreement: A Step Forward for NSW'
    Resource
    National Native Title Tribunal (2002) Pride Returns as Byron Agreement Takes Effect
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name
    Wildsite Ecological Services (2002) Cape Byron Headland Reserve Plan of Management

    Documents

    Map
    Bundjalung of Byron Bay (Arakwal) Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)
    Bundjalung of Byron Bay (Arakwal) Indigenous Land Use Agreement - full text document - ( PDF | Thumbnail)

    Glossary

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

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