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Flinders Ranges National Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 October 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Flinders Ranges National Park , South Australia, Australia
The area subject to this agreement covers about 340 square kilometres, located approximately 5 kilometres north east of Wilpena Pound within the Flinders Ranges National Park.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agremeents on 6 October 2011. This is an authorisied area agreement under the Native Title Act 1993.
Legal Reference: Tribunal file no: SI2011/024
Subject Matter:Collaboration / Partnership | Management / Administration
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_Flinders_Ranges_National_Park_SI2011_024.aspx
Summary Information:
The Flinders Ranges National Park Indigenous Land Use Agreement is a body corporate agreement between:
- the State of South Australia represented by the Attorney-General for South Australia;
- Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC (ATLA);
- the Attorney-General for the State of South Australia and the Minister for Environment and Conservation for the State of South Australia.

The purpose of the agreement is to provide consent to co-management of the Flinders Ranges National Park.
Detailed Information:
Details of the agreement

Future Acts

In providing consent to the co-management of Flinders Ranges National Park, the parties have consented to a number of terms including:

- consent to the validation of all prior invalid future acts undertaken by the crown;
- the co-management board for Flinders Ranges National Park and the Minister for Environment and Conservation will collaborate on the preparation of the Management Plan for the Park and the parties agree to the terms of the adopted Management Plan and agree that the Plan is valid;
- The parties consent to the State doing any act required to create a valid right to mine over existing mining leases in the agreement area;
- the parties agree that the State may carry out or authorise under the National Parks and Wildlife Act 1972 (SA) any activities that are consistent with the operation of the Resort Area as a tourist resort within the National Park;
- The parties consent to all future acts by the State within the resort area that is consistent with the operation of the Resort Area as a tourist resort;
- The parties consent to all future acts by the State within the National Park Area that is consistent with the operation of the Park
as a National Park under the National Parks and Wildlife Act 1972 (SA).

Background

On the 6th of October 2011, the South Australian Minister for Environment and Conservation, Paul Caica, and the Adnyamathanha Traditional Lands Association chairman, Vince Coultard, signed the Flinders Ranges National Park Indigenous Land Use Agreement and a co-management agreement. The management agreement aims to allow the Adnyamathanha people to have input into how Flinders Ranges National Park is run to ensure their cultural, economic, social and environmental aspirations are enhanced (Adelaide Now, 2011).

The Co-Management Board

National Parks and Wildlife (Flinders Ranges National Park) Regulations 2011 section 5 states that of the 8 members of the board, 4 must be Adnyamathanha people appointed on the nomination of ATLA, 3 must be officers of the government department resposible for the administration of the National Parks and Wildlife Act 1972 (SA), and 1 must be a person nominated by the Minister.

Native Title History

On the 30th of March 2009, the Federal Court of Australia in the case of Adnyamathanha No. 1 Native Title Claim Group v The State of South Australia (No 2) [2009] FCA 359 (Adnyamathanha No 2 Native title claim) recognised the Adnyamathanha's native title rights and interests over the entire area of the Flinders Ranges National Park.

The native title holders are people who identify as Adnyamathanha, and are descendents of certain individuals listed in the decision and recognised by other native title holders as having maintained an affiliation with the determination area.

The native title rights and interests that exist in relation to the determination area of the case are the right to access and move freely around the area, to camp and erect shelters, to hunt and fish, to use and trade natural resources, to cook and light fires, to use water, to conduct ceremonies and hold meetings, to participate in cultural activities (including burials), to teach the spiritual attributes of the area, to preserve sites of cultural importance, to make decisions about the area and to be accompanied on the land by those invited to take part in cultural activities.

However, these rights do not confer possession, occupation, use and enjoyment of the land to the exclusion of others. They are for non-commercial use and are subject to the traditional laws and customs of the native title holders and the laws of the State and the Commonwealth. Other rights may coexist with native title rights but in the event of inconsistency, the other rights prevail. Native title rights do not exist in minerals or areas covered by Public Works.

The non-native title interests that exist are the interests of the Crown or its employees, interests granted by the Crown, interest by force of the laws of the State or the Commonwealth, the right of the public to use the determination area in accordance with any legislation, the interests of the operators of telecommunications working in that capacity in the area.

The case was the largest native title determination made in South Australia's history (Koori Mail) of around 41,000 square kilometres. The determination area covered the significant sites the Wilpena Pound rock basin, the Beverley Uranium Mine and 918 square kilometres of Flinders Ranges National Park (Koori Mail).

Graham Harbord, Native Title Lawyer, stated that the Adnyamathanha people had been linked to the area for thousands of years. He noted that neogotiations between the Adnyamathanha people and mining proponents were ongoing- and that any agreement would probably include a number of benefits for the Adnyamathanha people, such as compensation payments, protection of country and employment benefits. It is expected that these agreements will give the traditional owners some input into upcoming developments, including the expansion of the Beverley uranium mine (ABC News).

Related Entries

Organisation
  • The Adnyamathanha Traditional Lands Association (Aboriginal Corporation) - Signatory
  • State of South Australia - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • National Parks and Wildlife Act 1972 (SA)
  • National Parks and Wildlife (Flinders Ranges National Park) Regulations 2011 (SA)
  • People
  • Attorney-General for the State of South Australia - Signatory
  • Minister for Environment and Heritage (South Australia) - Signatory

  • References

    General Reference
    National Native Title Tribunal (2011) Registered ILUA - Flinders Ranges National Park SI2011/024
    National Native Title Tribunal (30 March 2009) Determinations of Native Title: Adnyamathanha No 1 native Title Claim Group v South Australia (No 2)
    Article
    Darren Coyne, Koori Mail (8 April 2009) Celebrations as SA Land Handed Back
    Newspaper Article
    Adelaide Now (6/10/2011) Flinders Ranges National Park deals signed between State Government and traditional owners

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Park | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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