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Alpurrurulam Indigenous Land Use Agreement (ILUA)
|Date:||23 September 2010|
|Date To:||23 September 2030|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Alpurrurulam, Northern Territory, Australia|
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|The area covered by this Indigenous Land Use Agreement (ILUA) comprises approximately 3.2 hectares of land or the whole of NT portion 7082(A), which is itself part of NT Portion 1949. The ILUA area is located north-east of the town of Alpurrurulam in the Northern Territory, and is adjacent to the Power and Water Diesel Power Station. The ILUA area falls within the jurisdiction of the Barkly Shire Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 January 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. DI2010/004.|
|Subject Matter:||Housing, Construction and Infrastructure | Land Use|
|This Indigenous Land Use Agreement (ILUA) was agreed between:|
- the Central Land Council;
- TKLN Solar Pty Ltd;
- Alpurrurulam Land Aboriginal Corporation; and
- Nugget Smith Apetyarr (being one of the applicants to the Lake Nash native title claim (Federal Court File No. NTD6061/01)).
The purpose of this ILUA is to provide the consent of Nugget Smith Apetyarr ('the Native Title Party') to a range of 'Relevant Acts', being acts done in connection with or incidental to the construction, operation and maintenance of a Power Facility in the ILUA area.
|Consent to Relevant Acts|
The parties to this ILUA consent to the doing of a series of 'Relevant Acts' in the ILUA area. Relevant Acts are defined as either:
- acts done in connection with or incidental to the construction, operation and maintenance of a Power Facility for the purposes of generating and delivering power to a community grid; or
- the grant of all approvals and authorities for the purpose of constructing, operating and maintaining the Power Facility.
The Power Facility consists of wind turbines, solar arrays, a grid stability system and relevant fencing, plumbing and cabling.
The parties to this ILUA also agree not to challenge the validity of the abovementioned Relevant Acts at any time in the future.
Pursuant to this ILUA, the Native Title Party agrees that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to the doing of any Relevant Acts under this ILUA.
The parties acknowledge that this ILUA has retrospective operation and will validate any previous Relevant Acts that have been invalidly done in the ILUA area (i.e. where there has been a lack of compliance with the processes set out in the Native Title Act 1993 (Cth)).
Background to native title in the ILUA area
The area covered by this ILUA overlaps with the claim area of the Lake Nash native title claim (Federal Court File No. NTD6061/01). This claim was filed with the National Native Title Tribunal on 11 October 2001 by Nugget Smith Apetyarr (one of the signatories to this agreement) and Pompie Turner Apetyarr. The claim was filed on behalf of the Alyawarr People, and covers land near Lake Nash in the Northern Territory. The claim is currently active.
This ILUA is one of two ILUAs that were signed to enable the construction of the abovementioned Power Facility. The other ILUA, being the Kalkarindji ILUA (National Native Title Tribunal File No. DI2010/003), is similarly worded and was registered with the National Native Title Tribunal Register of ILUAs on the same day as this agreement.
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