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Adnyamathanha Mineral Exploration Indigenous Land Use Agreement (ILUA)

Category: Agreement
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South Australia, Australia
The ILUA covers the land and waters that fall within the Adnyamathanha Consent Determination area except for the following areas: Vulkathunha Gammon Ranges National Park; Hundred of Parachilna Section 85 (Vakutu); Out of Hundreds (Copley) Sections 439 and 488 (Nepabunna); Out of Hundreds (Copley) Block 1219 (Nantawarrina).
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 June 2012. This an authorised Area Agreement under the Native Title Act .
Legal Reference: National Native Title Tribunal File No. SI2012/005
Subject Matter:Access | Exploration | Future Act | Land Use | Mining and Minerals | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_Adnyamathanha_Mineral_Exploration_ILUA_SI2012_005.aspx
Summary Information:
The Adnyamathanha Mineral Exploration Indigenous Land Use Agreement (ILUA) is a body corporate agreement between:
- The Attorney-General and the Minister for Mineral Resources and Energy (applicant);
- Adnyamathanha Traditional Lands Association;
- South Australian Native Title Services;
- South Australian Chamber of Mines and Energy.

The purpose of the ILUA is to allow for mineral exploration on native title land.
Detailed Information:
Details of the Agreement

Commencement

Most clauses commenced 21 June 2012. These clauses will continue until the later of either the expiring of the acceptance term; or the date upon which all of the accepted exploration contracts have expired or have been terminated.

The other clauses commence on the date of execution of the ILUA. These clauses continue until either 12 months after the execution of the ILUA if registration of the ILUA has not occured by that time; or the date on which all of the accepted exploration contracts have expired or have been terminated.

Future Acts

The parties consent to the carrying out of certain future acts. They consent to the granting of exploration tenements and the carrying out of certain exploration activities under each exploration tenement. The parties' consent, however, is subject to certain exploration contract conditions.

Right to Negotiate and Non-Extinguishment

The parties agree that the right to negotiate procedure established in the Native Title Act does not apply. They also agree that the non-extinguishment principle established in section 238 of the Native Title Act does apply to the future acts consented to.

Native Title in the ILUA area

The Adnyamathanha Mineral Exploration Indigenous Land Use Agreement (ILUA) arises pursuant to the successful Adnyamathanha Consent Determination; Adnyamathanha No. 1 Native Title Claim Group v The State of South Australia (No 2) [2009] FCA 359. The court gave effect to the consent determinations on 30 March 2009.

Related Entries

Agreement
  • Adnyamathanha No. 1 Native Title Claim Group v The State of South Australia (No 2) [2009] FCA 359 (30 March 2009)
  • Coulthard v State of South Australia [2015] FCA 1380 (Adnyamathanha People Native Title Claim No. 3)
  • Coulthard v State of South Australia [2015] FCA 1379 (Adnyamathanha No. 1)
  • Organisation
  • The Adnyamathanha Traditional Lands Association (Aboriginal Corporation) - Signatory
  • South Australian Native Title Services Limited - Signatory
  • South Australian Chamber of Mines and Energy - Signatory
  • People
  • Attorney-General for the State of South Australia - Signatory
  • Minister for Mineral Resources Development (South Australia) - Signatory

  • References

    General Reference
    National Native Title Tribunal Adnyamathanha Mineral Exploration ILUA Register Extract

    Documents

    Map
    Adnyamathanha Mineral Exploration ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | State Government | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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