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Far West Coast Native Title Settlement Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 April 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Ceduna, South Australia, Australia
The Agreement Area covers approximately 75,665 square kilometres extending from the Western Australian border to approximately 111 kilometres east from Ceduna and north to Ooleda in the State of South Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 22 April 2014. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:SI2014/003
Subject Matter:Consultation | Economic Development | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_Far_West_Coast_Native_Title_Settlement_ILUA_SI2014_003.aspx
Summary Information:
The Far West Coast Native Title Settlement Indigenous Land Use Agreement (ILUA) was agreed between:

- The Attorney-General for the State of South Australia; and

- the Far West Coast Aboriginal Corporation (RNTBC)

on 22 April 2014.

The purpose of this Body Corporate Agreement is to provide consent for the extinguishment of native title; the proclamation of certain parts of the Agreement Area as National or Conservation Parks; and consent for certain Future Acts including building and construction within the Agreement Area.
Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 22 April 2014.

The Extract does not note a specific start or end date for this Agreement.

However, the Extract does note that Clauses 1 - 7 of the Agreement commence on the Execution Date, being 9 December 2013 and, subject to Clause 4.3, continue indefinitely.

The remaining clauses of the Agreement take effect on the Registration Date, being 22 April 2014, and continue indefinitely.

Clause 4.3 provides that, should the Agreement not be registered within 24 months of the Execution Date, Clauses 1 -7 may be terminated on written agreement by the parties.

The Extract also provides that, should the details of the Agreement be removed from the Register (pursuant to s.199C of the Native Title Act) the Agreement will remain a binding contractual arrangement between the parties. In particular, the Extract provides that the: "...provisions of clauses 31, 32, 33, 36, 39, 40, 41, 42 and 43 will remain binding on:

(a) the Parties to this Agreement; and
(b) all persons entitled to any of the benefits or compensation provided under this Agreement."

Native Title Provisions

For the purposes of s.24EB of the Native Title Act, the parties to the Agreement consent (subject to the condition in clause 14.2) to the State performing acts or activities in the Agreement Area.

The parties consent that Subdivision P, Division P, Part 2 of the Native Title Act (Cth) is not intended to apply to any acts or activities for which consent is provided under Part 7.

Vesting of Adjacent Land

The parties to the Agreement agree that the vesting of Adjacent Land in the Minister (per s.15(1)(a) of theHarbours and Navigation Act) will validly extinguish Native Title in the land.

In relation to the Agreement Area and for the purpose of s.24EBA of the Native Title Act, the parties agree to change the effects that are provided for by section 36B of the Native Title (South
Australia) Act 1994
(SA) in relation to the vesting of Adjacent Land under section 15(1)(a) of the Harbours and Navigation Actin the Minister.

Further, the parties are in agreement that the vesting of Adjacent Land in the Agreement Area is valid, and the non-extinguishment principle applies.

Future Acts

The parties agree that, to the extent that grants listed in Schedule 3 of the Agreement may be invalid Future Acts, the Acts are to be considered valid for the purposes of this Agreement.

The parties consent to the doing by the State, or any approval given by the State to the doing of all Future Acts.

Extinguishment

The Far West Coast people effectively surrender their native title rights and interests to the State. Those rights and interests are outlined in Schedule 3.

The effect of surrendering native title rights and interests extinguishes those rights and interests.

Proclaimed Areas

The parties agree that the following areas are proclaimed pursuant to the National Parks and Wildlife Act 1972 (SA) and the Wilderness Protection Act 1992 (SA):

(a) Section 40 H620600 (Hundred of Caldwell), which will be included into the Fowlers Bay Conservation Park;
(b) Sections 48 and 49 H660200 (Hundred of Blacker) which will be included into the Laura Bay Conservation Park;
(c) Allotment 10 in DP 31597 (Out of Hundreds Nullarbor) to be added to the Nullarbor Wilderness Protection Area; and
(d) Allotment 23 in DP 89720 (Out of Hundreds Nullarbor) to be added to the Nullarbor Regional Reserve after which time the Nullarbor National Park will be abolished.

Construction and Building

The Far West Coast People consent, subject to Council obtaining planning and development approval, to the establishment or construction of a coastal walking trail from Thevenard to Shelly Beach, including the establishment of shade, bins
and seating along the walking path.

Where the Minister administering the Crown Land Management Act 2009 (SA) agrees to the dedication of Allotments 101 and 102 in DP 71664 (formerly section 265 in the Hundred of Bonython) in accordance with the provisions of that Act for coastal conservation and walkway purposes, and to the placing of that dedicated land under the care, control and management of the District Council of Ceduna, the Corporation and the Far West Coast
People consent to the dedication and to the carrying out of all activities on the dedicated area consistent with the dedication.

Native Title in the ILUA Area.

The decision Far West Coast Native Title Claim and The State of South Australia & Ors (Far West Coast)(SAD6008/1998; SC2006/001) of the Federal Court on 12 December 2013 held that native title exists in parts of the determination area in favour of the Far West Coast People.

The Far West Coast Native Title Claim is the largest in South Australia, recognising native title rights and interests in an area of approximately 80,000 square kilometres in the far south west coast of South Australia.

Basil Coleman, Far West Coast Traditional Lands Association Chairperson, said 'our people have fought and worked hard for a long time for this recognition and it provided us with the capacity to have greater control over our land and communities for future generations. It gives us credibility and respect in the business world and with governments, and ensured the preservation of our culture and land in accordance with our traditional law and practices.'

[Extracted from http://www.nativetitlesa.org/our-news/aaaaaaaaaaaaaaaa_sants-welcomes-far-west-coast-native-title-determination, 2 June 2014)

Related Entries

Agreement
  • Far West Coast Parks Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Far West Coast Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Crown Land Management Act 2009 (SA)
  • Harbours and Navigations Act 1993 (SA)
  • People
  • Attorney-General for the State of South Australia - Signatory

  • Documents

    Document
    Far West Coast Native Title Settlement ILUA Extract - ( PDF)
    Far West Coast Native Title Settlement ILUA Agreement Area - ( PDF)
    Crown Land Management Act (2009) SA - ( PDF)
    Harbors and Navigation Act 1993 (SA) - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Local Government | National Native Title Tribunal (NNTT) (Australia) | National Park | Native Title (Australia) | Native Title Registers | Native Title Determination (Australia) | State Government

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