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Far West Coast Parks Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 April 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Ceduna, South Australia, Australia
Agreement covers about 59,721 sq km extending from the Western Australian border to approximately 111 km east of Ceduna and north to Ooldea in the State of South Australia. The Parties consent that the Agreement Area includes all Parks within the Determination Area. The Determination Area includes the Consent Determination of the Federal Court of Australia made in favour of the Far West Coast People in the matter of Kenneth Gordon Roberts v State of South Australia(SAD 6009/98) on 5 December 2013. If alterations or amendments are made to the boundaries of any Parks, new Parks are established or abolished, the Parties provide consent to amend the Agreement accordingly.
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.:SI2014/004
Subject Matter:Access | Land Management | Management / Administration
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_Far_West_Coast_Parks_ILUA_SI2014_004.aspx
Summary Information:
The Far West Coast Parks Indigenous Land Use Agreement (ILUA) was agreed between:

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

- the Minister for Sustainability, Environment and Conservation for the State of South Australia; and

- Far West Coast Aboriginal Corporation (RNTBC)

on 22 April 2014.

The purpose of this Body Corporate Agreement is to provide consent for access and to set out a co-management agreement for the Parks in 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 - 8 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.

The Agreement will terminate if it is removed from the Register pursuant to s.199C of the Native Title Act

Should the Agreement not be registered within 24 months of the Execution Date, Clauses 1 - 8 may be terminated by written agreement of the parties.

Native Title Provisions

Traditional Rights

The Far West Coast People consent that their Traditional Rights are:

(a) for personal, domestic and communal use; and
(b) exercisable by them as non-exclusive rights, subject to the provisions of:

- the National Parks and Wildlife Act 1972 (SA);
- the Wilderness Protection Act 1992 (SA);
- the Management Plans for the Parks;
- the Wilderness Code of Management pursuant to section 12 of the Wilderness Protection Act 1992 (SA);
- any relevant Co-Management Agreement under Division 6A of the National Parks and Wildlife Act 1972 (SA) or under Division 4 of the Wilderness Protection Act 1992 (SA); and
- all valid laws of the State and Commonwealth.

In effect, the Far West Coast People consent to any restriction or prohibition on the exercise of their Traditional Rights within the Agreement Area. Such restriction or prohibition may include entering the Agreement Area imposed pursuant to the statutory and regulatory documents mentioned above. The restriction or prohibition must be:

(a) to ensure the preservation of native flora or fauna or fish, environmental protection or public health or safety; and
(b) communicated with reasonable notice to the Corporation.

In addition, restrictions may be imposed on the exercise of Traditional Rights to hunt and gather within the Agreement Area. Such a restriction may include limits upon the species and numbers of any species of plants or animals or eggs which may be taken on the Agreement Area from time to time.

Proclamation

Under Clause 25.1 of the Agreement, the parties validate, to the extent that they are invalid:

(a) the Proclamation of any parks within the Agreement Area between 1 January 1994 and the Registration date; and
(b) any acts or activities pursuant to such Proclamations.

Implementation of Management Plan

The Parties to the Agreement provide consent to the implementation of any Management Plan adopted pursuant to
s.38 of the National Parks and Wildlife Act or s.31 of the Wilderness Protection Act prepared in accordance with the Co-Management Agreements.

Further, the Parties agree that the State or the Board may carry out, or authorise by permit, lease, licence or agreement under the National Parks and Wildlife Act or the Wilderness Protection Act or any other legislation, the carrying out of any
acts or activities upon the Agreement Area which are consistent with the operation of the Agreement Area as Parks.

s.24EB of the Native Title Act

The Parties to the Agreement consent to the State doing acts or activities resulting in prohibition or restriction of Traditional Rights, proclamation, implementation of any Management Plan, and enactment of Parks management activities.

Right to Negotiate

The Parties agree that Subdivision P of Part 2, Division 3 of the Native Title Act is not intended to apply to the acts or activities consented to.

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 Native Title Settlement Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Far West Coast Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • National Parks and Wildlife Act 1972 (SA)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Attorney-General for the State of South Australia - Signatory
  • Minister for Sustainability, Environment and Conservation for the State of South Australia - Signatory

  • Documents

    Document
    Far West Coast Parks ILUA Extract - ( PDF)
    Far West Coast Parks ILUA Schedule of Attachments - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Native Title Determination (Australia) | Body Corporate Agreement (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers

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