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InnaminckaTownship Indigenous Land Use Agreement (ILUA)
|Date:||5 March 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Innamincka, South Australia, Australia|
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|The ILUA area covers all land and waters contained within the Yandruwandha/Yawarrawarrka Native Title Claim (Federal Court File No: SAD6024/98). It thus extends over approximately 40,240 square kilometres of land and waters located in North East South Australia. The ILUA area encompasses the township of Innamincka. It 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. QI2008/008.|
|Subject Matter:||Consultation | Native Title - Extinguishment|
|The InnaminckaTownship 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 surrender of native title rights and interests within the Innamincka Township. It also provides consent for the doing of all Future Acts within an area described (and detailed in Schedule 1 to the ILUA) as ILUA Area C. Finally, it prescribes certain Future Acts within ILUA Area C as 'Notifiable Acts', to which a notification protocol applies. This protocol regulates the exercise of Notifiable Acts.
The ILUA also makes reference to Compensation Entitlement and other benefits associated with the abovementioned compromises made by the Yandruwandha Yawarrawarrka people. The details of such entitlements are not provided in the National Native Title Tribunal Register Extract.
A related ILUA, the Innamincka Regional Reserve ILUA, also suggests that the Innamincka Township ILUA provides a framework for the construction of an airstrip within the ILUA Area. Details of such construction have not been provided on the National Native Title Tribunal Register Extract.
|Surrender of Native Title in ILUA Area A|
A map of ILUA Area A is attached as Schedule 1 of the National Native Title Tribunal Register Extract. It can be described generally as the Innamincka Township.
The parties agree to the surrender of native title rights and interests within this area. Surrender will not extinguish those rights and interests, although the interests will be suspended to the extent that they are inconsistent with rights exercised by the State.
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.
Mining in ILUA Area B
A map of ILUA Area B is attached as Schedule 1 of the National Native Title Tribunal Register Extract. It can be described generally as the entire ILUA area excluding the Innamincka Township.
Following withdrawal of the Yandruwandha Yawarrawarrka Native Title Claim (see above), 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). Up until the withdrawal, it appears that the native title parties retain the right to negotiate. Following withdrawal, an 'Alternative Right to Negotiate' procedure will apply. The National Native Title Tribunal Register Extract does not detail what this 'alternative right' will involve.
Consent to the doing of all acts in ILUA Area C
A map of ILUA Area C is attached as Schedule 1 of the National Native Title Tribunal Register Extract. It can be described generally as the entirety of ILUA Area B excluding Coongie Lakes National Park and Innamincka Regional reserve.
The Yandruwandha Yawarrawarrka People consent to the doing of any Future Acts by the State or authorized by the state in ILUA Area C. They therefore forfeit any procedural rights under the Native Title Act 1993 (Cth) in relation to these acts.
Notifiable Acts in ILUA Area C
Notifiable Acts are defined as:
- 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.
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.
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 validation of the Future Act will not extinguish native title rights and interests.
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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