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Cubbitch Barta Clan of the Dharawal People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 August 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Helensburgh, New South Wales, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) falls within the claim area of the Cubbitch Barta Clan of the Dharawal People #3 native title determination application, which is the subject of proceeding NG6111 of 1998 in the Federal Court of Australia. The ILUA area comprises 110 square metres at Helensburgh in the state of New South Wales. It falls within the jurisdiction of the Wollongong City Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 March 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. NI2010/001
Subject Matter:Access
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/NI2010.001/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the following parties on 17 August 2010:

- the Minister for Lands in both his capacities as State Minister for New South Wales under the Native Title Act 1993 (Cth) and the Minister administering the Crown Lands Act 1989 (NSW);
- Glenda Chalker and Rebecca Chalker on behalf of the Cubbitch Barta Clan of the Dharawal People;
- Jeremy James;
- Louise Charman-James;
- Kim May Denyer; and
- Nigel Anthony Docker.

The purpose of this ILUA is to provide the native title claimants' consent for the creation of a right of access and easement for services by the Minister over the ILUA area.
Detailed Information:
Consent to future acts

Pursuant to this ILUA, the native title claimants, being Glenda and Rebecca Chalker on behalf of the Cubbitch Barta Clan of the Dharawal People, give their consent to the creation by the Minister of a right of access and an easement for services over the ILUA area.

The right of access and the easement will cover an area 4 metres wide within Lot 8, Deposited Plan 706490. They are intended to benefit Lot 1, Deposited Plan 825821, and Lot 1, Deposited Plan 816623.

Right to negotiate provisions

The parties agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) will not apply to the grant of the right of access and the easement over the ILUA area.

Background to the native title claimants and to native title in the ILUA area

The Cubbitch Barta Clan of the Dharawal People #3 native title determination application, which includes the ILUA area, was filed with the Federal Court of Australia on 14 September 1998 as proceeding NSD6111/98. The claim has been registered, and remains active.

The Cubbitch Barta ('people of the river') Clan have a connection to the Cubbitch Barta National Estate Area, which covers 18,000 hectares of land on the Woronora Plateau, approximately 30 kilometres south-west of inner Sydney (AHPI, Cubbitch Barta National Estate Area). The area has been recognised as having 'outstanding cultural and natural values'.

Glenda Chalker, who is a signatory to this ILUA, is the chairwoman of the Cubbitch-Barta Native Title Claimant Aboriginal Corporation, which was registered with the Office of the Registrar of Indigenous Corporations on 13 August 1998. Fellow signatory Rebecca Chalker is also a member of this Corporation.

Related Entries

Legislation
  • Native Title Act 1993 (Cth)
  • Crown Lands Act 1989 (NSW)
  • People
  • Minister for Lands for the State of New South Wales - Signatory
  • Glenda Chalker and Rebecca Chalker on behalf of the Cubbitch Barta Clan of the Dharawal People - Signatory
  • Jeremy James - Signatory
  • Louise Charman-James - Signatory
  • Kim May Denyer - Signatory
  • Nigel Anthony Docker - Signatory
  • Dharawal People

  • References

    General Reference
    National Native Title Tribunal (16 March 2011) Extract from the Register of Indigenous Land Use Agreements - Cubbitch Barta Clan of the Dharawal People ILUA
    National Native Title Tribunal (14 September 1998) Claimant Application Summary - Cubbitch Barta Clan of the Dharawal People #3
    Resource
    Aboriginal Heritage Places Inventory Cubbitch Barta National Estate Area

    Documents

    Map
    Cubbitch Barta Clan of the Dharawal People Indigenous Land Use Agreement (ILUA) - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Claimants (registered) (Australia)

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