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Arabana Parks Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 December 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Curdimurka, Noolyeana, Marree, Lake Eyre, South Australia, Australia
The ILUA area includes: a) the area constituted as the Wabma Kadarbu Mound Springs Conservation Park; b) the area constituted as the Elliot Price Conservation Park; and c) that portion of the Lake Eyre National Park which is within the Arabana People Determination Area (depicted in Schedule 1 of the Register Extract). It is the intention of the Parties that the ILUA Area correspond to the area constituted as the Parks. In the event that there are adjustments made to the boundaries of the Parks, the Parties agree to amend this ILUA, in accordance with clause 43, as necessary.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 December 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: SI2012/016
Subject Matter:Collaboration / Partnership | Compensation | Environmental Heritage | Fishing | Land Management | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_Arabana_Parks_ILUA_SI2012_016.aspx
Summary Information:
The Arabana Parks Indigenous Land Use Agreement (ILUA) is an agreement between:
- The Attorney-General for the State of South Australia;
- Reginald Dodd, Millie Warren and Laurie Stuart (deceased) as Applicant in the Arabana Native Title Claim for and on behalf of the Arabana People (together known as the Arabana People);
- Arabana Aboriginal Corporation; and
- South Australian Minister for Sustainability, Environment and Conservation.

The purpose of this ILUA is for the parties to provide their consent to limits and restrictions over the exercise of traditional rights such as hunting and gathering in relation to the Parks, Management Plans and the preservation of native flora or fauna or fish, environmental protection or public health or safety. The parties also consent to the doing of certain Future Acts by the State.
Detailed Information:
Details of the Agreement

Commencement

This ILUA comes into operation on the date of Registration, 4 December 2012. The ILUA continues indefinitely until it is terminated.

Parties consent

Exercise of Traditional Rights

The Arabana People agree to comply with any restriction or prohibition on the exercise of their Traditional Rights in the ILUA Area imposed pursuant to this ILUA, the CMA, a Management Plan, the NPWA or otherwise, and including through requirement of a licence, permit, authority or other lawful instrument where:
(a) the prohibition or restriction is in place for the preservation of native flora or fauna or fish,environmental protection or public health or safety; and
(b) reasonable notice of the prohibtion or restriction is given to the Corporation.

Traditional hunting and gathering

The Director may restrict or set conditions for the exercise of the Traditional Right to hunt or gather in the Parks, including by restricting the species and the numbers of any species of plants or animals or eggs which may be taken on the Parks from time to time.

Validation of Future Acts already done

In accordance with ss. 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth) ('NTA') the Parties agree to the validation of all Future Acts (if any) done invalidly by the State within the ILUA Area prior to the date of Registration of this ILUA. The non-extinguishment principle applies to Future Acts validated in accordance with this clause.

Consent to Future Acts

The Parties also consent to the State doing the acts or activities referred to in clauses 12.2, 18.6, 30, 31, 32 and 33 of this ILUA within the Parks following the Registration of this ILUA.

The non-extinguishment principle as set out in s238 NTA applies to all acts or activities consented to under this clause 28 in the event that native title is affected.

Consent for Notifiable Acts is subject to the Parties complying with the Notification Protocol (set out in Schedule 3). Where the Future Act is a Notifiable Act, the consent of the Arabana People is conditional upon the State's compliance with the Notification Protocol.

Notifiable Acts are acts or activities carried out by the State in or in relation to the Parks
which:
(a) involve earthworks which may cause substantial disturbance to the land or to the bed or subsoil beneath waters (except where the proposed activities will be entirely contained within the location of existing works or infrastructure);
(b) consist of the grant of a lease or licence or the making of an agreement authorising or permitting earthworks which may cause substantial disturbance (except where the proposed activities will be entirely contained within the location of existing works or infrastructure);
(c) consist of the grant of a commercial tour operator licence that applies solely to any or all of the Parks and/or permits the interpretation of Aboriginal culture on the Parks; or
(d) alter the boundaries of the Parks.

The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation 'Notification Protocol' 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.

All acts or activities consented to under this clause of the agreement, 'Consent to Future Acts', are valid.

The benefits and compensation provided under this ILUA are compensation for the purpose of s24EB(5) of the NTA.

Boardwalks in Wabma Kadarbu Mound Springs Conservation Park

The Parties consent to the Minister upgrading and extending the Boardwalks at the Bubbler Mound Spring and Blanche Cup Mound Spring within the Wabma Kadarbu Mound Springs Conservation Park, as demonstrated on the plan in Schedule 6 (attached to the ILUA extract).

Management Plan

The Parties consent to the terms of any future Management Plans adopted for the Parks pursuant to section 38 of the NPWA prepared after consultation pursuant to the CMA and this ILUA.

Authorisation of park activities upon the ILUA Area

Subject to relevant legislation, including the provisions of the AHA, and to compliance with SCHEDULE 3 of this ILUA, the Parties agree that the State may carry out, or authorise by permit, lease or agreement under the NPWA or any other legislation, the carrying out of any acts and activities upon the ILUA Area which are consistent with the operation of the ILUA Area as a reserve under the NPWA.

Benefits and Compensation

The ILUA Extract does not contain any details of the benefits and compensation provided under this ILUA for the purpose of s24EB(5) of the NTA.

According to David Hull, Director of the Arabana Aboriginal Corporation (RNTBC), the compensation secured through ILUAs with the state government include: "[S]ome blocks of lands, some money to run the PBC, and the funding of work projects at Finnis."
"We will also receive funding to build ablution blocks and provide for running water at Finnis, to build camping areas to allow people to come back on country, and to restore the old mission houses."
"With this money we also hope to provide employment for some of our younger folk living in Marree. We also have money for some environmental work and later on we hope to develop a tourism project. So there will be a little bit of money for the community there."

Native Title in the ILUA area

The Arabana People Consent Determination recognises non-exclusive native title rights and interests over an area located in the central north of South Australia, covering approximately 68,823 square kilometres. The determination area spans between Marree in the southeast and Oodnadatta in the northwest. The area covered includes Lake Eyre and the Wabma Kadarbu Mound Springs Conservation Park.

Related Entries

Agreement
  • The Arabana Native Title Claim Settlement Indigenous Land Use Agreement (ILUA)
  • Dodd v State of South Australia [2012] FCA 519
  • Organisation
  • Arabana Aboriginal Corporation - 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 - Signatory
  • Reginald Dodd, Laurie Stuart (Deceased) and Millie Warren for and on behalf of the Arabunna native title claim group - Signatory
  • Minister for Sustainability, Environment and Conservation for the State of South Australia - Signatory

  • References

    General Reference
    National Native Title Tribunal (NNTT) Extract from the Register of Indigenous Land Use Agreements for Arabana Parks ILUA.
    nativetitle.org, Native Title Corporations 'This is Arabana country: An Interview with David Hull, Director of Arabana Aboriginal Corp RNTBC'
    Media Release
    Vanessie, Petra (22 May 2012) Arabana native title claim resolved in South Australia
    South Australian Native Title Services (23 May 2012) Arabana Achieves Consent Determination
    Newspaper Article
    Littley, Bryan (22 May 2012) Arabana handed their land back

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Non-Extinguishment Principle | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | National Park | State Government

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