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Lake Gilles Conservation Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 April 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Lake Gilles Conservation Park, South Australia, Australia
The ILUA area covers approximately 231 square kilometres of the Lake Gilles National Park.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 19 April 2012. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth
Legal Reference: National Native Title Tribunal File No.: SI2012/003
Subject Matter:Land Management | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_Registered_ILUA_-_Lake_Gilles_Conservation_Park_ILUAS_I2012_003.aspx
Summary Information:
Lake Gilles Conservation Park Indigenous Land Use Agreement (ILUA) is between:
- The Attorney-General for the State of South Australia (applicant);
- Elliot McNamara, Kenneth Smith, Howard Richards and Andrew Dingaman for and on behalf of the Gawler Ranges People;
- Gawler Ranges Aboriginal Corporation; and
- The Minister for Sustainability, Environment and Conservation for the State of South Australia.

The purpose of the ILUA is to allow the State to do certain acts and activities within the Conservation Park.
Detailed Information:
Details of the agreement

Commencement and Termination

The ILUA will operate indefinitely, but may be terminated in accordance with provisions set out in the agreement or according to law.

Content of the agreement

The traditional rights of the Gawler Ranges People are exercisable as non-exclusive rights being subject to certain provisions.

The traditional rights of the Gawler Ranges people can be restricted or prohibited where:
(a) the prohibition or restriction is in place for the preservation of native flora or fauna or fish, environmental protection or public health or safety; and
(b) reasonable notice of the prohibition or restriction is given.

The State can undertake all Future Acts apart from those done invalidly by the State before registration of this ILUA.

The State can do certain acts or activities within the Park.

However, Notifiable Acts must comply with the Notification Protocol of the ILUA. Notifiable Acts are acts or activities carried out by the State, including the Board, in or in relation to the Park which:
(a) involve earthworks that may cause substantial disturbance to the land;
(b) consist of the grant of a lease or license or the making of an agreement authorising or permitting earthworks that may cause substantial disturbance to the land;
(c) consist of the grant of a commercial tour operator license that applies solely to the Park and/or permits the interpretation of Aboriginal culture on the Park; or
(d) alters the boundaries of the Park.

All the terms of any future Management Plan have been consented to.

The State (including the Board) can also carry out or authorise by permit, lease or agreement the carrying out of any acts or activities upon the ILUA Area which are consistent with the operation of the ILUA Area as a Conservation Park.

Native title in the ILUA area

This ILUA arises pursuant to the successful Gawler Rangers native title consent determination on 19 December 2011. Native title was granted to Gawler Ranges people who are decedents of Gawler Ranges ancestors or are recognised by other native title holders as a Gawler Person.

Related Entries

Agreement
  • Gawler Ranges Mineral Exploration Indigenous Land Use Agreement (ILUA)
  • Gawler Ranges - Kokatha Pastoral Indigenous Land Use Agreement (ILUA)
  • Gawler Ranges - Moonaree Pastoral Indigenous Land Use Agreement (ILUA)
  • Gawler Ranges - Coondambo Pastoral Indigenous Land Use Agreement (ILUA)
  • McNamara on behalf of the Gawler Ranges People v State of South Australia [2011] FCA 1471
  • Lake Gairdner National Park Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Gawler Ranges Aboriginal Corporation - Signatory
  • People
  • Attorney-General for the State of South Australia - Signatory
  • Elliot McNamara, for and on behalf of the Gawler Ranges Native Title Claim Group - Signatory
  • Minister for Sustainability, Environment and Conservation for the State of South Australia - Signatory

  • References

    General Reference
    National Native Title Tribunal (19/4/12) Extract from Register of Indigenous Land Use Agreements - Lake Gilles Conservation Park ILUA

    Glossary

    Aboriginal Corporation (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | State Government | Body Corporate Agreement (Australia) | National Park | Native Title Applications/Claims (Australia) | Native Title Determination (Australia)

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