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Irretety Community Living Area Indigenous Land Use Agreement (ILUA)
|Date:||27 July 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Barkly Shire, Northern Territory, Australia|
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|The area covered by this ILUA is some 8 square kilometres in the Northern Territory, located south of the Sandover Highway and the Sandover River in the vicinity of Ooratippra homestead.|
|Legal Status:||Registered with the National Native Title Tribunal Registar of Indigenous Land Use Agreements|
|Legal Reference:||National Native Title Tribunal File No: DI2011/002|
|Subject Matter:||Future Act | Land Transaction | Land Use | Pastoral Activities | Recognition of Native Title or Traditional Ownership|
|The Irretety Community Living Area Indigenous Land Use Agreement (ILUA) was agreed between: the Northern Territory of Australia (Department of Lands and Planning); Johnny Barber Kngwarrey and Billy Cook Apetyarr on behalf of the Alyawarr People; and the Central Land Council.|
The purpose of this ILUA is to grant freehold title to the Alyawarr People who would ordinarily be unable to obtain freehold title because their traditional lands coincide with a pastoral lease.
|Contents of the ILUA|
The parties have agreed to grant an estate in fee simple (the highest possible interest in land) to the Alyawarr People for a community living area. This grant of an interest in land will be peformed whether or not it is a future act. The parties also agreed that the registration of this ILUA has the effect of validating the grant of fee simple if the grant was a future act performed invalidly prior to registration.
Right to Negotiate
The parties agree that the right to negotiate contained in Native Title Act 1993 (Cth) does not apply to the granting of an estate in fee simple.
Background to the ILUA
Community Living Areas
Aboriginal people who are unable to claim their traditional land because of pastoral leases are able to claim small parcels of the land under the Land Rights Act 1976 (NT). These small areas of land are called Community Living Areas. Community Living Areas are essentialy small blocks of land excised from a pastoral lease and granted as freehold to an Aboriginal family or community. After extensive negotitation with the Northern Territory Government in 2002/2003 it was agreed that by using ILUA's the grant of a Community Living Area would not extinguish native title.
As the Alyawarr people were residents on the pastoral lease prior to 1986 they are eligible to apply under Part 8 of the Pastoral Land Act 1992 (NT) for the grant of a Community Living Area. This ILUA is 1 of 18 ILUAs granted in the Northern Territory that contain Community Living Areas (Native Title Resource Guide, AIATSIS, 2010). It is also the second ILUA that has been made relating to the Irretety Community Living Area. A previous ILUA dated 14 November 2003 allowed for a section of land on the Ooratippra Pastoral Lease to be purchased by the Northern Territory Government for the purpose of creating an Aboriginal Community Living Area. This ILUA then grants the purchased section of land to the Alyawarr people.
The Alyawarr People filed an application for native title in the Federal Court of Australia on 4 July 2001 for Ooratippra. Ooratippra is a pastoral lease owned by the Ooratippra Aboriginal Corporation and includes the Irretety Community Living Area.
The application was ammended on 9 February 2011 to include all the land holding groups connected to Ooratippra. On 5 May 2011, the Federal Court of Australia granted the Alywarr people native title with respect to Ooratippra.
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