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Breakaways Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 December 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Coober Pedy District, South Australia, Australia
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26/06/2012.This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: SI2012/007
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_Breakaways_ILUA_SI2012_007.aspx?Mode=TextOnly
Summary Information:
The Breakaways Indigenous Land Use Agreement (ILUA) was agreed between:

- the State of South Australia represented by the Attorney-General for South Australia (applicant);

- Antakarinja Matu-Yankunytjatjara (Aboriginal Corporation);

- Minister for Sustainability Environment and Conservation for the State of South Australia; and

- the District Council of Coober Pedy.

The purpose of this agreement is to allow for the transfer of the ILUA area to the Antakarinja Matu-Yankunytjatjara (Aboriginal Corporation) as a conservation park and make certain provisions for the management of this area.
Detailed Information:
Details of the Agreement

Commencement

The agreement commenced the day following the execution of the co-management agreement. However, clauses 25 and 26 dealing with Future Acts, came into operation when the ILUA was registered; that is, 26 June 2012.

Transfer of the ILUA area

All parties to the ILUA agree to the State of South Australia transfering the ILUA area to the Antakarinja Matu Yankunytjatjara (Aboriginal Corporation). However, this transfer is conditional upon the ILUA area being constituted as a Conservation Park under section 30 of the South Australian National Parks and Wildlife Act 1972. The ILUA area is to be co-managed under the National Parks and Wildlife Act 1972 (SA). However, before transfering the ILUA area, the State must resume the ILUA area from its current reservation.

Road between Coober Pedy and Oodnadatta

The parties to the ILUA acknowledge that the road between Coober Pedy and Oodnadatta runs through the ILUA Area. They agree that this road is to be maintained by the State of South Australia as a public road.

The land corridor for the road is to be an area that is 100 metres to each side of the centre line of the road.

The State of South Australia has authority to carry out any activity necessary to maintain, upgrade or renew the road within the land corridor.

Borefield Pipeline

The parties to the ILUA acknowledge that the Borefield Pipeline in Coober Pedy runs through the ILUA area. This pipeline is to be maintained by the District Council of Coober Pedy in order to supply water to Coober Pedy.

The District Council of Coober Pedy has the authority to carry out or authorise any activity necessary to maintain, upgrade or renew the Borefield Pipeline within the land corridor located either side of the road.

Future Acts

The parties to the ILUA agree that any future acts done invalidly by the State and the District Council of Coober Pedy within the ILUA area prior to the date of execution of the ILUA are valid.

The parties also agree that future act provisions of the Native Title Act 1993 (Cth) do not apply to the ILUA area.

Management Plan

The parties agree that a management plan will be prepared and adopted for the Conservation Park under section 38 of the National Parks and Wildlife Act 1972 (SA) and clause 18 of the co-management agreement. It is agreed that this management plan is valid for the purposes of the Native Title Act 1993 (Cth).

Authorisation of activities

Certain notification protocol authorises notifiable acts on parts of the ILUA area which are identified in the management plan as cultural conservation or public access.

The parties agree that the State of South Australia or Board may carry out or authorise by permit, lease, licence or agreement under the management plan, the National Parks and Wildlife Act 1972 (SA), or any other legislation, the carrying out of any activities upon the ILUA area which are consistent with the operation of the ILUA area as a Conservation Park and registered Aboriginal site.

Notifiable Acts

Following the date of execution of the ILUA, all notifiable acts within the ILUA area must comply with certain notification protocol.

Notifiable acts include:
- any new borrow pit required by the State for the purpose of maintaining and upgrading the road;
- acts or activities carried out, consented to or authorised by the State of Australia or the Board in relation to a zone described in the ILUA as the Cultural Conservation Zone or Public Access Zone and which: involve activities which may cause disturbance to land or to the bed or subsoil underneath waters; or consist of the grant of a lease or licence or the making of an agreement under section 35 of the National Parks and Wildlife Act 1972 (SA) which involve activities that may cause any disturbance to land or to the bed or subsoil underneath waters; or alter the boundaries of the Conservation Park.

Notifiable acts do not include:
- the carrying out of activities necessary to maintain, upgrade or renew the road withiin the land corridor by the State of South Australia;
- the District Council of Coober Pedy's activity of maintaining the pipepline.

Native Title in the ILUA Area

The Antakarinja Matu-Yankunytjatjara (Aboriginal Corporation) were native title claimaints for 15 years until their native title was successfully recognised on 11 May 2011. They now hold native title rights over 78,672 sq km of land and waters, including land in the Coober Pedy district.


Related Entries

Agreement
  • Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474
  • Organisation
  • State of South Australia - Signatory
  • The District Council of Coober Pedy - Signatory
  • People
  • Attorney-General for the State of South Australia
  • Minister for Sustainability, Environment and Conservation for the State of South Australia - Signatory
  • Antakarinja Matu-Yankunytjatjara (Aboriginal Corporation) - Signatory

  • References

    General Reference
    National Native Title Tribunal (26/6/2012) Breakaways ILUA Extract from the Register of Indigenous Land Use Agreements
    National Native Title Tribunal Short Guide to Registration

    Documents

    Map
    Breakaways ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Local Government | Native Title (Australia)

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