Umalka Tjintjira (Community Living Area) Indigenous Land Use Agreement (ILUA)
|Date: ||30 June 2003|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Umalka Tjintjira Community, Northern Territory, Australia|
|The area of the ILUA covers the area of the Umalka Tjintjira Community Living Area. This area is 1.521 square kilometres and is defined in the extract from the Register of Indigenous Land Use Agreements as '[t]hat part of Northern Territory Portion 3350 (Lyndavale Perpetual Pastoral Lease) bound by a line commencing at the point on the Northern boundary of Portion 3350 that is 9,500 metres generally West of the intersection of Portions 3350, 620 (Angas Downs Perpetual Pastoral Lease) and 680 (Mt Ebenezer Perpetual Pastoral Lease) thence due South a distance of 1,000 metres, thence due East a distance of 1,500 metres thence due North a distance of 1,000 metres more or less to the Northern boundary of Portion 3350, thence generally Westerly along that boundary to the point of commencement.' The area is north of the South Australia border and south of the Lasseter Highway in the south west of the Northern Territory. The area is not within any incorporated local government area. It is within the Central Remote ATSIC region.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No: DI2003/001|
|Payments:||Compensation - The agreement states that the non-extinguishment principle applies, in which case native title rights and interests can not be compensated as they have not been extinguished by the act of the grant of the Community Living Area. However, the agreement still states that any compensation that is payable is limited to $1.00. This statement is a secondary measure taken by the Territory to ensure it does not become liable to pay a large compensation amount if the law changes in future regarding extinguishment and compensation of native title. It is assumed that the native title parties agreed to this as the granting of an area of land for a CLA is of benefit to them.|
|Subject Matter:||Native Title | Future Act | Land Transaction | Land Use|
|Summary Information: |
|The Umalka Tjintjira Community Living Area Indigenous Land Use Agreement (ILUA) allows a section of land to be purchased by the Northern Territory Government for the purpose of creating an Aboriginal community living area. Without the ILUA, the transaction in the land may have been subject to the future act and right to negotiate provisions of the Native Title Act 1993 (Cth) (the NTA). |
The parties agree that the grant of land will not extinguish any native title rights and interests that may exist in the area - that is, the 'non-extinguishment principle' of the NTA applies. The ILUA also sets the amount of any compensation that may be payable, for the effect of the grant on native title rights, at a maximum of $1.00 (see Additional information link above - Compensation).
This type of land transaction falls under Part 8 of the Pastoral Land Act 1992 (NT) and section 46(1A) of the Lands Acquisition Act 1978 (NT). Several other ILUAs have been made to create Aboriginal community living areas in the Northern Territory.