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Gawler Ranges - Kokatha Pastoral Indigenous Land Use Agreement (ILUA)
|Date:||13 June 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Gawler Ranges, South Australia, Australia|
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|The ILUA area covers approximately 1,720 square kilometres of land on Pastoral Lease Number 2355, which is recorded in Crown Lease Register Book Volume 1292 Folio 32. That lease is known as Kokatha. It is located approximately 106 kilometres west of Woomera between Lake Everard, Lake Harris and Lake Gairdner in the state of South Australia. The ILUA area does not include any public roads.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 June 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. SI2009/005.|
|Subject Matter:||Access | Consultation | Cultural Heritage | Housing, Construction and Infrastructure | Native Title | Pastoral Activities|
|The Gawler Ranges-Kokatha Pastoral Indigenous Land Use Agreement (ILUA) was agreed between: |
- Elliot McNamara, Howard Richards, Andrew Dingaman and Ken Smith on behalf of the Gawler Ranges Native Title Claim Group;
- the State of South Australia; and
- David William Henderson and Megan Joy Henderson (being the pastoralists behind the Kokatha Pastoral Lease).
The purpose of this ILUA is to set out the relationship between native title rights and interests and the rights and interests of the pastoralists in the ILUA area. This ILUA also details how these rights and interests are to be exercised by the parties.
|This ILUA commences on the date of its registration with the National Native Title Tribunal Register of Indigenous Land Use Agreements, being 13 June 2010. The ILUA is subject to a probationary period of one year, and will thereafter remain in effect for an indefinite term.|
Future acts and native title rights and interests
This ILUA does not provide prospective consent for the doing of future acts and therefore does not serve to automatically validate future acts. It similarly contains no statements that waive the parties' right to negotiate. This means that future acts with the potential to affect native title rights and interests must comply with the procedures set out in the Native Title Act 1993 (Cth).
The ILUA also does not provide validation for previous future acts (being future acts done prior to the execution of this ILUA).
The ILUA similarly does not contain any statement to the effect that entry into the agreement is intended to extinguish native title rights and interests. As a consequence, the non-extinguishment principle applies to acts for which consent has been given under this ILUA. This principle dictates that native title rights in the ILUA area will merely be suspended (rather than extinguished) to the extent that they are inconsistent with non-native title rights.
Background to this ILUA
The National Native Title Register Extract provides little detail about what rights and interests have been recognised in this ILUA. Associated media releases indicate that this ILUA was one of 24 ILUAs signed on 14 May 2008 that deal specifically with the relationship between the rights of pastoralists and the Gawler Ranges Native Title Claim Group. These ILUAs were negotiated between 19 pastoral entities and the Barngarla and Kokatha Peoples (being the peoples who make up the Gawler Ranges Native Title Claim Group). Together, these ILUAs cover approximately 50,000 square kilometres of land and waters in the Gawler Ranges, which are located in South Australia's Eyre Peninsula region. A number of these ILUAs are yet to be registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements.
Media releases suggest that these ILUAs provide for:
- access to land for cultural and spiritual activities;
- the protection of Aboriginal culture and heritage;
- the protection and use of pastoral infrastructure; and
- consultation processes to deal with future issues.
Native title in the ILUA area
The ILUA area is located within the claim area of the currently active Gawler Ranges Native Title Claim (Federal Court File No. SAD6020/98). All members of the claim group identify as members of either the Barngarla or the Kokatha Peoples. The application for this claim was originally filed on 12 September 1997, and was amended on 15 September 1997. The claim extends over land and waters to the north of Wudinna in South Australia.
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