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Norforce - Borroloola Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 9 January 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Borroloola, Northern Territory, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:

'The land comprised by Lot 820 in the Town of Borroloola in the Northern Territory of Australia.'

The area of the ILUA is in the Borroloola Community Government Council local government area and falls within the jurisdiction of the Garrak-Jarru Regional Council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: DI2005/004
Subject Matter:Defence | Native Title
Summary Information:
The Norforce - Borroloola Indigenous Land Use Agreement (ILUA) was agreed between the Northern Land Council, the Northern Territory of Australia, and Wendy Roper, Gordon Lansen, Phillip Timothy, Graham Friday, and Mavis Timothy for and on behalf of the Rrumburriya Borroloola Group.

The Rrumburriya Borroloola native title group gives permission for a ten-year lease to be granted over the ILUA area to the Commonwealth Department of Defence for the purpose of a Norforce Depot, in order to resolve a tenure issue over the area. Norforce is an Australian Defence Force military unit set up in 1942 that is made up of 60 percent Aboriginal soldiers.

The ILUA stipulates that it does not authorise any extensions to this lease, and that doing so would constitute an unauthorised 'future act'.
Detailed Information:
This ILUA includes agreement that the non-extinguishment principle applies to any 'future acts' that may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

Related Entries

Organisation
  • Northern Territory of Australia - Signatory
  • Northern Land Council - Signatory
  • National Native Title Tribunal
  • Department of Defence - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Wendy Roper & others for and on behalf of the Rrumburriya Borroloola Group - Signatory
  • Policy/Strategy
  • Department of Defence Heritage Management Strategy

  • References

    Article
    Penny Smallacombe Norforce
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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