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Eringa People - Macumba Pastoral Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 18 September 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Macumba River, South Australia, Australia
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 September 2012. This is an authorised Body Corporate Agreement under the Native Title Act 1993(Cth).
Legal Reference: National Native Title Tribunal File No.:SI2012/013
Subject Matter:Access | Pastoral Activities
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/SI2012.013/ILUARegisterExport.pdf
Summary Information:
The Eringa People - Macumba Pastoral Indigenous Land Use Agreement was agreed between:

- State of South Australia;

- Walka Wani Corporation RNTBC;

- Edie King, Ruth McKenzie, Howard Doolan, Dean Ah Chee and Marilyn Hull on behalf of the Eringa Native Title Claim Group;

- Hughie Tjami and Keith Minungka on behalf of the Eringa No. 3 Native Title Claim Group; and

- S. Kidman & Co
Detailed Information:
Agreement Deatils

The ILUA extract is limited to details regarding the term of the ILUA and information regarding the right to negotiate provisions of the native title act.

The ILUA will have a probationary period of two years, after which it will run for an indefinite term.

Native Title Provisions

The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.

This means that the ILUA does not:

- provide consent for the doing of any acts by non-native title parties;

- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.

Native Title in the ILUA Area

The Eringa Native Title Determination Application (No. SAD 6010 of 1998) (Eringa #1) was lodged on 13 March 1996 with the National Native Title Tribunal and the Eringa No. 2 Native Title Determination Application (No. SAD 6002 of 1999) (Eringa #2) was filed on 26 May 1999. Wangkangurru/Yarluyandi Native Title Claim (No. SAD 6016 of 1998) (the WY Claim) was filed with the Court on 21 August 1997, in relation to land and waters in northern South Australia and south-western Queensland.

A previous determination in 2008 (Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia [2008] FCA 1370) which concerned an area of each of the Eringa #1, Eringa #2 and WY Claim areas, recognised native title rights and interests in the area.

King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387 determination covered approximately 3,465 square kilometres in central northern South Australia centred approximately 75 kilometres north-east of Oodnadatta. In conjuction with King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386, the determinations recognise non-exclusive native title rights and interests in an area of approximately 20,000 square kilometres for the Eringa and the Wangkangurru/Yarluyandi claim groups (SANTS, 2011).

The non-exclusive native title rights included rights with respect to accessing the native title determination area, hunting, fishing, camping and natural resources gathering as well as cultural rights to perform ceremonies, hold meetings and protect places of cultural and religious significance.

Related Entries

Agreement
  • Eringa People - Crown Point Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Eringa/Hamilton Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Mount Sarah Pastoral Lease Indigenous Land Use Agreement (ILUA)
  • Eringa People - Stevenson Pastoral Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of South Australia - Signatory
  • S. Kidman and Co Ltd - Signatory
  • National Native Title Tribunal
  • Walka Wani Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Edie King, Ruth McKenzie, Howard Doolan, Emily Churchill, Dean Ah Chee and Marilyn Hull for and on behalf of the native title claimants in Eringa (SAD6010/98) and Eringa No 2 (SAD6002/99) - Signatory
  • Hughie Tjamie and Keith Minungka on behald of the Eringa No 3 Native Title Claim Group - Signatory

  • References

    General Reference
    National Native Title Tribunal (NNTT) (18 September 2012) Extract from Register of Indigenous Land Use Agreements - Eringa People - Macumba Pastoral ILUA

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