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Gawler Ranges National Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 June 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Gawler Ranges National Park, South Australia, Australia
The ILUA area of the Gawler Ranges National Park is located between the Eyre Highway and the Gawler Ranges, the closest township being Minnipa.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 June 2012. This an authorised Area Agreement under the Native Title Act .
Legal Reference: National Native Title Tribunal File No. SI2012/001
Subject Matter:Environmental Heritage | Land Management | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_Gawler_Ranges_National_Park_ILUA_SI2012_001.aspx
Summary Information:
The Gawler Ranges National Park Indigenous Land Use Agreement (ILUA) is between:
- the Attorney-General for the State of South Australia (applicant);
- the Minister for Sustainability, Environment and Conservation;
- Elliot McNamara, Kenneth Smith, Howard Richards and Andrew Dingaman (the Named Applicants) for and on behalf of the Gawler Ranges People;
- Elliot McNamara, Barry Croft, Lorraine Dare, and Howard Richards, (the Named Applicants) for and on behalf of the Barngarla People.

The purpose of this ILUA is to specify the valid or authorised acts and activities within the National Park.
Detailed Information:
Details of the Agreement

Commencement

The Gawler Ranges National Park ILUA commenced on the date of registration; that is, 6 June 2012.

Agreement

The parties agree to the validation of all future acts done invalidly by the State in the ILUA area. The only future act not agreed to is the right to mine. In relation to the right to mine, the right to negotiate procedure established under the Native Title Act applies.

The parties consent to certain acts. These acts are valid acts and the right to negotiate established under the Native Title Act does not apply to them. The parties consent to:
- the restriction or prohibition on the exercise of traditional rights by traditional rights holders in the National Park. However, this is only where the restriction or prohibition is in place for the preservation of native flora or fauna or fish, environmental protection or public health or safety; and reasonable notice of the prohibition or restriction is given;
- the Department of Sustainability, Environment and Conservation erecting a shed-tank, ablution facilities, and a camping area on the Traditional Use Zone at location agreed to by the traditional rights holders and the Director of National Parks and Wildlife;
- the inclusion of the areas 'Paney' and 'Old Paney' into the National Park;
- the terms of any future management plan adopted pursuant to s 38 of the National Parks and Wildlife Act 1972 (SA);
- the State carrying out, or authorising the carrying out of, any acts or activities in the ILUA area which are consistent with the operation of the ILUA area as a National Park under the National Parks and Wildlife Act 1972 (SA).

All acts which are notifiable acts must comply with certain notification protocol. What the notification protocol is is specified in Schedule 3 of the ILUA. Schedule 3, however, is not provided in the ILUA extract.
Notifiable acts are acts or activities carried out by the State in or in relation to the National Park which:
- involve earthworks which may cause substantial disturbance to the land or to the bed or subsoil beneath waters;
- consist of the grant of a lease or licence or the making of an agreement authorising or permitting earthworks that may cause substantial disturbance to the land or to the bed or subsoil beneath waters;
- consist of the grant of a commercial tour operator licence which permits the interpretation of Aboriginal culture in the National Park;
- alters the boundaries of the National Park.

Acts which are not notifiable acts include:
- minor soil disturbance relating to conservation research;
- the erection of signs;
- the installation of traffic control bollards;
- other minor earthworks.

Native Title in the ILUA area

This ILUA arises pursuant to the successful Gawler Rangers native title consent determination on 19 December 2011. Native title was granted to Gawler Ranges people who are decedents of Gawler Ranges ancestors or are recognised by other native title holders as a Gawler Person.

Related Entries

Agreement
  • McNamara on behalf of the Gawler Ranges People v State of South Australia [2011] FCA 1471
  • People
  • Attorney-General for the State of South Australia - Signatory
  • Minister for Sustainability, Environment and Conservation for the State of South Australia - Signatory
  • Elliot McNamara, for and on behalf of the Gawler Ranges Native Title Claim Group - Signatory
  • Elliot McNamara for, and on behalf of, the Barngarla People - Signatory

  • References

    General Reference
    National Native Title Tribunal Gawler Ranges National Park ILUA extract

    Documents

    Map
    Gawler Ranges National Park ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Park | Native Title (Australia) | Native Title Determination (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Plan of Management | Traditional Owner Group (Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)) (Australia)

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