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Ammaroo Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Alice Springs, Northern Territory, Australia
The Agreement Area covers about 193 sq km in the vicinity of Ammaroo Station about 250 km north east of Alice Springs in the Northern Territory.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 March 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:DI2014/003
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2014/003
Summary Information:
Ammaroo Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Northern Territory of Australia;

- Central Land Council;

- Banjo Morton Apetyarr and others on behalf of the Aharreng,
Akaneng, Akweranty Anwerret, Alarilpw, Angkeperretyey,
Antarrengeny, Areyn, Arlangkw, Arlpaw, Arnapwenty Imangker,
Atnerleleengk, Atnwengerrp, Ileyarn, Irrerlerr, Kwerrkwepenty
Lyentyawel Ileparranem, Ntewerrek, Pwerrk and Tyaw Land Holding Groups (registered applicants for NTD6069 of 2001);

- Kayteyte Alyawarr Awenyerraperte Ingherr-Wenh Aboriginal
Corporation; and

- Ammaroo Pty Ltd.

The purpose of the Agreement is to extinguish Native Title rights and interests within the Agreement Area.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 27 March 2015.

The Extract notes the start date for the Agreement as 13 October 2014. There is no end date specified.

The Extract does note, however, that the Agreement commences on the Date of Execution, being the first day on which all par tie have executed the Agreement.

The Agreement continues in perpetuity, and holds legal effect as outlined by the Native Title Act and its attendant Regulations.

Native Title Provisions

Surrender

The Agreement concerns the surrender of Native Title rights and interests on behalf of the Native Title Party to the Northern Territory. Such rights and interests include any exclusive native title rights which may be capable of recognition over the Former Stock Routes and Former Stock Reserve.

Agreed Actions

The parties agree to:

(i) the incorporation of the Former Stock Routes and Former Stock Reserve into Ammaroo pursuant to s 65 of the Property Law Act; and
(ii) use of the Former Stock Routes and Former Stock Reserve by the Lessee for pastoral purposes pending incorporation of these areas into Ammaroo.

In addition, the Lessee agrees (subject to receiving the Minister's consent under section 60 of the Property Law Act,
to surrender the Land.

Future Acts

The parties provide consent to the doing of the Agreed Actions, whether or not these Actions constitute Future Acts.

In particular, the Native Title Party acknowledges that:

(i) incorporation of the Former Stock Routes into Ammaroo is 'a previous offer , commitment, arrangement or undertaking made or given in good faith on or before 23 December 1996' within
s 24IB(b) of the Native Title Act; and

(ii) the incorporation of the Former Stock Routes could thereby validly be done as a pre-existing rights based act (PERBA).

Extinguishment

The Surrender of exclusive Native Title extinguishes any exclusive native title rights and interests that may be capable of recognition in the Former Stock Routes and Former Stock Reserve.

Right to Negotiate

Subdivision P (Right to Negotiate), Part 2 of Division 3 of the Native Title Act is not intended to apply to any Future Act.

Native Title in the ILUA Area

The Agreement Area falls within the boundaries of the Consent Determination application NTD6069 of 2001, being Banjo Morton Apetyarr & Ors obo Alyawarr & Kaytetye People (Sandover River) v Northern Territory of Australia.


Related Entries

Agreement
  • Apetyarr v Northern Territory of Australia [2014] FCA 1088
  • Organisation
  • Barkly Shire Council
  • Northern Territory of Australia - Signatory
  • Central Land Council - Signatory
  • Ammaroo Pty Ltd - Signatory
  • Kaytetye Alyawarr Awenyerraperte Ingkerr-wenh Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Banjo Morton Apetyarr and others - Signatory

  • Documents

    Map
    Ammaroo Indigenous Land Use Agreement (ILUA) Map of Agreement Area - ( PDF)
    Ammaroo Indigenous Land Use Agreement (ILUA) Map of Proposed Surrender Area - ( PDF)
    Ammaroo Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Determination (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Applications/Claims (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | State Government

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