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Innamincka Regional Reserve Indigenous Land Use Agreement (ILUA)
|Date:||5 March 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Innamincka Regional Reserve, South Australia, Australia|
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|The ILUA area covers approximately 13,540 square kilometres of land and waters in the Innamincka Regional Reserve in South Australia, sharing a common boundary with the South Australian/Queensland border. The ILUA area does not fall within the jurisdiction of any municipality.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 March 2010. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2008/003.|
|Subject Matter:||Access | Consultation|
|The Innamincka Regional Reserve ILUA was agreed between: |
- the Attorney General for the State of South Australia;
- Leslie Harris, Fay Nicholls, Theresa Bottrell, Aaron Paterson, Anita Paterson and Fredrick Brown for and on behalf of the Yandruwandha Yawarrawarrka People;
- Yandruwandha Yawarrawarrka Traditional Land Owners (Aboriginal Corporation);
- the Minister for Environment and Conservation.
The purpose of the ILUA is to provide for the adoption of a Management Plan to enable the management and improvement of the reserve. The ILUA also provides consent for certain future acts, and a notification protocol for other prescribed acts.
|Adoption of a Management Plan|
This ILUA provides for the adoption of a 'Management Plan' pursuant to the National Parks and Wildlife Act 1972 (SA). It requires the parties to consult with the Yandruwandha Yawarrawarrka Parks Advisory Committee, which will in turn set out proposals to ensure the continued management and improvement of the reserve.
Consent to the doing of certain acts
The parties agree that the State may carry out or authorise any activity in the ILUA area that is consistent with its operation as a Regional Reserve under the National Parks and Wildlife Act 1972 (SA).
The parties additionally agree that the State may construct an airstrip in the ILUA Area in accordance with terms prescribed in the Innamincka Township ILUA. Whilst this ILUA shares similar terms to those of the Strzelecki Regional Reserve ILUA and the Coongie Lakes National Park ILUA, the consent for the building of an airstrip appears to be unique to this ILUA.
Certain acts carried out by the State of South Australia (or approved by the State) are classified as Notifiable Acts. They include:
- acts involving earthworks that may cause a significant disturbance to land or to the seabed. However, where the act is to occur within the location of existing infrastructure, this will not constitute a notifiable act.
- the grant of a lease or licence involving earthwork that may cause a significant disturbance to land or seabed. However, where the act is to occur within the location of existing infrastructure, this will not constitute a notifiable act.
- the grant of a commerical tour operator licence
- the provision of permission to interpret Aboriginal culture on the Reserve
- the alteration of boundaries on the Reserve
Such Notifiable Acts must comply with a notification protocol outlined in the ILUA before they are performed. The details of this protocol are not provided on the National Native Title Tribunal Register Extract.
Withdrawal of the Yandruwandha Yawarrawarrka native title claim
The ILUA makes reference to the withdrawal of the Yandruwandha Yawarrawarrka Native Title Claim (Federal Court File No: SAD6024/98). The details of this withdrawal are not provided on the National Native Title Tribunal Register Extract. Following withdrawal of the claim, the parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) will not apply to the grant of any Mining Authority (or conduct pursuant to that Authority).
The parties provide prospective validation for all Future Acts validly performed by the state. Also, where a Future Act has been invalidly performed by the State prior to the execution of the ILUA, the parties consent to the validation of that act.
The parties also agree that native title rights and interests will not be (and have not been) extinguished upon the doing of any of the abovementioned future acts (including future acts done before the execution of the ILUA).
The parties agree that no compensation will be payable for acts carried out consistently with the ILUA.
The parties also agree that the Future Act provisions of the Native Title Act 1993 (Cth) will not apply to the abovementioned acts.
Native Title in the ILUA Area
The ILUA area is located within the claim area of the currently active Yandruwandha/Yawarrawarrka Native Title Claim (Federal Court File No: SAD6024/98). The application for this claim was originally filed with the National Native Title Tribunal on 8 January 1998. The claim area extends over approximately 40,304 square kilometres of land and waters in North East South Australia.
Since the claim was filed, a number of ILUAs regarding the claim area have been negotiated. Some of these have been negotiated with the State of South Australia and pastoralists whilst others have been negotiated with industry.
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