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Marla Township Indigenous Land Use Agreement (ILUA)
|Date:||26 May 2009|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Marla, South Australia, Australia|
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|The area covered by this Indigenous Land Use Agreement (ILUA) comprises approximately 18,660 square kilometres of land west of Oodnadatta in the state of South Australia. The ILUA area includes the Marla township, and falls within the state's unincorporated local government area.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 May 2009. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. SI2006/001|
|Subject Matter:||Future Act | Native Title - Extinguishment|
|The Marla Township Indigenous Land Use Agreement (ILUA) was agreed between the Attorney-General for the State of South Australia, Jean Wood, Lallie Lennon and Sadie Singer and the Yankunytjatjara Native Title Aboriginal Corporation. The purpose of this ILUA is to provide consent for the validation of invalid past future acts, and also for the extinguishment of native title in part of the ILUA area.|
|The parties to this agreement give their consent to the validation of all invalid past acts and future acts that were done by the State of South Australia in the ILUA area before 26 May 2009 (the registration date of this agreement). |
The parties also agree to surrender all native title rights and interests in relation to land and waters within that part of the ILUA area that covers the Marla township (labeled as Area A in Schedule 1 to this ILUA). The surrender of these rights and interests is intended to extinguish native title in this area.
Background to native title in the ILUA area
That part of the ILUA area which is known as Area B falls within the Determination Area of native title made in the proceeding SAD 6022 of 1998 by the Federal Court of Australia. This proceeding was known as Yankunytjatjara/Antakirinja Native Title Claim Group v The State of South Australia, and was finalised on 28 August 2006. It was the first consent determination to take place in South Australia.
In this consent determination, it was established that native title did exist in parts of the Determination Area, which included three pastoral properties. Five Indigenous Land Use Agreements were to follow this determination, establishing pastoral access to the area on ground level.
As that part of the ILUA area which is known as Area A relates to the township of Marla, it falls outside the Determination Area of native title described above.
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