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Gawler Ranges Native Title Claim Settlement Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: Some clauses commence 15 June 2012 and others commence on the execution date of the ILUA.
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South Australia, Australia
The ILUA area covers approximately 33,000 square kilometres of land and is located north of the Eyre Highway. This is about 90 kilometres west of Port Augusta and the western boundary is about 90 kilometres east of Ceduna.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 June 2012. This an authorised Area Agreement under the Native Title Act .
Legal Reference: National Native Title Tribunal File No.: SI2012/004
Subject Matter:Future Act | Land Management | Land Use | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/SI2012.004/ILUARegisterExport.pdf
Summary Information:
The Gawler Ranges Native Title Claim Settlement Indigenous Land Use Agreement (ILUA) is between:
- the Attorney-General for the State of South Australia (applicant);
- Elliott McNamara, Kenneth Smith, Howard Richards and Andrew Dingaman as Applicant in the Gawler Ranges Native Title Claim for and on behalf of the Gawler Ranges People;
- Gawler Ranges Aboriginal Corporation;
- South Australian Native Title Services Ltd.
Detailed Information:
Details of the Agreement

Commencement

Certain clauses specified in the register extract commence on the registration date, that is 15 June 2012, and continue indefinitely. The other clauses commence on the execution date and continue indefinitely.

Agreement

The parties agree that any future act done invalidly by the State or any person whose actions result in liability for compensation by the State before the execution date are valid.

The parties also agree that certain future acts done invalidly by the State or any person whose actions result in liability for compensation by the State between the execution date and registration date are valid.

The parties agree that the right to negotiate under the Native Title Act 1993 (Cth) does not apply to the acts or activities consented to by the parties in this ILUA.

The Gawler Ranges People and the parties consent to:
- the grant of a long term lease over Lake Acraman under the Crown Land Management Act 2009 for conservation purposes.
- the entering into of a heritage agreement under the Native Vegetation Act 1991 (SA).
- a lease over the Gymkhana area at Nonning for the purpose of continually using and developing that land for community purposes. All activities, including the establishment of infrastructure on this land as required or permitted by the terms of the lease or licence may be carried out.
- the State doing or approving future acts. However, where the future act is a notifiable act, the consent of the Gawler Ranges people is conditional upon the State's compliance with certain notification protocol.

Notifiable acts are certain acts or activities carried out or consented to by the State including:
- earthworks that may cause substantial disturbance to the land or bed or subsoil under waters;
- approval for the use of pastoral land for a purpose other than pastoral purposes;
- the dedication of Native Title land pursuant to the Crown Land Management Act 2009;
- the grant under the Crown Land Management Act 2009 of a lease or licence over Native Title land;
- the dedication or reservation of land, or the alteration of the boundaries of a reserve, under the National Parks and Wildlife Act 1972;
- any other acts or activities to which the parties agree should be dealt with as notifiable acts.

There are certain future acts that are not consented to under this ILUA and thus continue to apply in relation to Native Title Land. These include the right to negotiate under the Native Title Act 1993 and provisions under the Mining Act 1971, the Land Acquisition Act 1969, and the Opal Mining Act 1995 that relate to:
- the compulsory acquistion of land by the State where the Land Acquisition Act 1969 creates an obligation to negotiate;
- the creation of a right to mine, whether by the grant of a mining lease or otherwise, except one created for the sole purpose of the construction of infrastructure associated with mining;
- the variation of a right to mine to extend to the area to which it relates.

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
  • McNamara on behalf of the Gawler Ranges People v State of South Australia [2011] FCA 1471
  • Organisation
  • Gawler Ranges Aboriginal Corporation - Signatory
  • South Australian Native Title Services Limited - Signatory
  • People
  • Elliot McNamara, for and on behalf of the Gawler Ranges Native Title Claim Group
  • Attorney-General for the State of South Australia - Signatory

  • References

    General Reference
    Native Title Tribunal Register extract of the Gawler Ranges Native Title Claim Settlement ILUA

    Documents

    Map
    Gawler Ranges Native Title Claim Settlement Indigenous Land Use Agreement Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | Native Title (Australia)

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