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Eringa People - Stevenson Pastoral Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 18 September 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Stevenson Pastoral Lease, South Australia, Australia
The agreement area covers part of Pastoral Lease Number 2440 known as Stevenson (excluding any existing public roads). The area is within the outer boundary of native title determination application SAD6010/1998 Eringa (SC96/3), that is southwest of the centreline of Stevenson Creek and is also the western boundary of Native Title Determination Application SAD6016/1998 the Wangkangurru/Yarluyandi Native Title Claim (SC97/3).
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 September 2012. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: SI2012/008
Subject Matter:Access | Agriculture | Pastoral Activities
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_Eringa_People_-_Stevenson_Pastoral_ILUA_SI2012_008.aspx
Summary Information:
The Eringa People - Stevenson Pastoral Indigenous Land Use Agreement was agreed between:

- State of South Australia;

- Walka Wani Corporation RNTBC;

- Edie King, Ruth McKenzie, Howard Doolan, Dean Ah Chee and Marilyn Hull on behalf of the Eringa Native Title Claim Group;

- Moockra Vale Patoral Co Pty Ltd.

The purpose of the body corporate ILUA is to provide consent to access to the ILUA area and to ensure that traditional activities do not interfere with pastoral lease activities (Gage, 2012).
Detailed Information:
Agreement Details

The ILUA extract is limited to details regarding the term of the ILUA and information regarding the right to negotiate provisions of the native title act.

The ILUA will have a probationary period of two years, after which it will run for an indefinite term.

Native Title Provisions

The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.

This means that the ILUA does not:

- provide consent for the doing of any acts by non-native title parties;

- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.

Native Title in the ILUA Area

The Eringa Native Title Determination Application (No. SAD 6010 of 1998) (Eringa #1) was lodged on 13 March 1996 with the National Native Title Tribunal and the Eringa No. 2 Native Title Determination Application (No. SAD 6002 of 1999) (Eringa #2) was filed on 26 May 1999. Wangkangurru/Yarluyandi Native Title Claim (No. SAD 6016 of 1998) (the WY Claim) was filed with the Court on 21 August 1997, in relation to land and waters in northern South Australia and south-western Queensland.

A previous determination in 2008 (Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia [2008] FCA 1370) which concerned an area of each of the Eringa #1, Eringa #2 and WY Claim areas, recognised native title rights and interests in the area.

King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387 determination covered approximately 3,465 square kilometres in central northern South Australia centred approximately 75 kilometres north-east of Oodnadatta. In conjuction with King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386, the determinations recognise non-exclusive native title rights and interests in an area of approximately 20,000 square kilometres for the Eringa and the Wangkangurru/Yarluyandi claim groups (SANTS, 2011).

The non-exclusive native title rights included rights with respect to accessing the native title determination area, hunting, fishing, camping and natural resources gathering as well as cultural rights to perform ceremonies, hold meetings and protect places of cultural and religious significance.


Related Entries

Agreement
  • Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia [2008] FCA 1370
  • King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386
  • King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387
  • Eringa People - Tieyon Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Macumba Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Crown Point Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Eringa/Hamilton Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Mount Sarah Pastoral Lease Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Moockra Vale Pastoral Co Pty Ltd - Signatory
  • Walka Wani Corporation RNTBC - Signatory
  • State of South Australia - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Edie King, Ruth McKenzie, Howard Doolan, Emily Churchill, Dean Ah Chee and Marilyn Hull for and on behalf of the native title claimants in Eringa (SAD6010/98) and Eringa No 2 (SAD6002/99) - Signatory
  • Wangkangurru / Yarluyandi Peoples

  • References

    General Reference
    National Native Title Tribunal Claimant application summary - Eringa #2
    National Native Title Tribunal (2011) Native title determination summary - Eringa No. 2 and Wangkangurru/Yarluyandi
    National Native Title Tribunal (18.09.2012) Extract from the Register of Indigenous Land Use Agreements - Eringa People - Stevenson Pastoral ILUA
    Nicola Gage (15 December 2011) Native title granted near Mount Dare
    Agreement
    Federal Court of Australia (16 September 2008) Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia [2008] FCA 1370 (11 September 2008)
    Media Release
    South Australian Native Title Service (13/12/2011) SANTS welcomes the seventh native title determination in South Australia
    Resource
    National Native Title Tribunal Claimant application summary - Eringa

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Proprietary Company | National Native Title Tribunal (NNTT) (Australia) | Native Title Determination (Australia) | Lease | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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