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Ceduna Keys Marina Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 11 December 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Ceduna, South Australia, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:

(i) Portion of section 197 Hundred of Bonython, in the area named Ceduna bing the land comprised in certificate of Title Volume 5580 Folio 764, held freehold by the Aboriginal Lands Trust and designated on the Plan in Schedule 1 as "X";
(ii) Portion of the land comprised in Crown Reserve Volume 5768 Folio 868 constituted as crown reserve in the care, control and management of the Minister for Environment and Conservation being portion of Section 265 in the Hundred of Bonython in the area named Ceduna and delineated on the Plan in Schedule 1 as "Y": and
(iii) The adjacent and subadjacent land being portion of the intertidal zone within Murat Bay as deliniated on the Plan in Schedule 1 as "Z"; and
(iv) The area below the low water mark within Murat Bay as delineated on the Plan in Schedule 1 a "W".

The area of the ILUA also falls within the jurisdiction of the Wangka Wilurrara Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 December 2006. This is a certified Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: SI2005/007
Subject Matter:Employment and Training | Housing, Construction and Infrastructure | Native Title | Sports and Physical Recreation | Tourism
Summary Information:
The Ceduna Keys Marina Indigenous Land Use Agreement (ILUA) was agreed between the Hon. Michael John Atkinson, Attorney-General of South Australia (APPLICANT); and Ceduna Marina Development Company Pty Ltd; Barker Bryant, Clem Lawrie, Gladys Rita Miller, Richard John Le Bois, Kenneth Gordon Roberts and Samuel George Mastrostavas on behalf of the Far West Coast Native Title Claim Group; Aboriginal Legal Rights Movement Inc; and the District Council of Ceduna.

The ILUA commenced on 27 February 2006, and was registered on 11 December 2006. The purpose of the ILUA is promote an effective relationship between the Traditional Owners, the State of South Australia, Ceduna Marina Development Company Pty Ltd and the District Council of Ceduna in order to allow the development of the Ceduna Keys Marina waterways project. The development encompasses residential land, medium density housing, tourist accommodation, a resort hotel, sporting and recreational facilities and commercial businesses.

The traditional owners will surrender all their native title rights over this area for the duration of the agreement. The ILUA does not have a specified end date.
Detailed Information:
The parties to the ILUA consent to the doing of all acts necessary for the development to be undertaken, and to the giving of benefit to the traditional owners in the form of employment, training and compensation. The development, expected to be completed by 2012, will cost an estimated $100,000,000 (Major Projects South Australia).

This ILUA includes agreement that 'future acts' 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.

According to Aboriginal Way, the process for negotiating this agreement was one that involved extensive community negotiations. Some of the issues considered important to the community were employment and training opportunities and the undertaking of a Heritage Survey of the proposed site prior to commencement of construction (Aboriginal Way).

Related Entries

Organisation
  • Wangka Wilurrara Regional Council
  • Ceduna District Council - Signatory
  • State of South Australia - Signatory
  • Aboriginal Legal Rights Movement Inc - Signatory
  • Ceduna Marina Development Company Pty Ltd - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Attorney-General for the State of South Australia
  • Barker Bryant and others, on behalf of the Far West Coast Native Title Group - Signatory

  • References

    General Reference
    Major Projects South Australia Ceduna Keys
    Newspaper Article
    Aboriginal Legal Rights Movement Native Title Unit (July 2005) Aboriginal Way: Far West Coast ILUA discussions
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Ceduna Keys Marina Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

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

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