Emily and Jessie Gaps Nature Park - Heavitree Range Extension Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 June 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:East of Alice Springs, Northern Territory, Australia
Emily and Jessie Gaps Nature Park is located 11 kilometres east of Alice Springs. The ILUA area covers the Emily and Jessie Gaps Nature Park Heavitree Range Extension. This land is identified as Lot 9238 on Survey Plans S2000/9A and S2000/9B. The area is approximately 543.5 hectares. The ILUA is situated within the Alice Springs Town Council.
   
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: DI2004/04
Subject Matter:Cultural Heritage | Environmental Heritage | Land Management | Land Transaction | Land Use | Management / Administration | Recognition of Traditional Rights and Interests
Summary Information:
The Emily and Jessie Gaps Nature Park – Heavitree Extension Indigenous Land Use Agreement (ILUA) was made between the Central Land Council, the Northern Territoy of Australia and the Lhere Artepe Aboriginal Corporation to clarify the future title and management of the Emily and Jessie Gaps Nature Park – Heavitree Extension.

This ILUA is one of 31 agreements signed over parks and reserves in the Northern Territory. The agreements were developed following the High Court’s decision in Western Australia v Ward, which found that the Keep River National Park had not been properly established. In response, the Northern Territory government pursued ILUAs and joint management agreements to resolve tenure disputes and management of the parks. These agreements were negotiated from 2002 to 2005, during which time the Parks and Reserves (Framework for the Future) Act 2003 (NT) was also passed. These arrangements aim to settle all native title issues in Northern Territory national park areas.
Detailed Information:
The Emily and Jessie Gaps Nature Park - Heavitree Range Extension is also listed under Schedule 1 of the Parks and Reserves (Framework for the Future) Act 2003 (NT). Under the ILUA, the parties consent to the Emily and Jessie Gaps Heavitree Extension being granted as Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). They also agree to facilitate future development of the Emily and Jessie Gaps Nature Park in compliance with this Act.

Even though the land is returned to the Lhere Artepe Aboriginal Corporation, the land will be leased back to the Northern Territory Government for a minimum of 99 years. The land must be used for parks. Agreements outlining joint management of the park by Indigenous groups and Parks and Wildlife Service will be developed.

Related Entries

Agreement
  • Emily and Jessie Gaps Nature Park Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Central Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Lhere Artepe Aboriginal Corporation - Signatory
  • Alice Springs Town Council
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
  • Parks and Reserves (Framework for the Future) Act 2003 (NT)
  • Case Law
  • Western Australia v Ward (2002) 191 ALR 1 (8 August 2002)

  • References

    Media Release
    National Native Title Tribunal (2005) Agreements over NT national parks an Australian first
    Human Rights and Equal Opportunity Commission (2005) Commissioner welcomes historic land use agreements in Northern Territory
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name
    National Native Title Tribunal (2005) Indigenous Land Use Agreements - Northern Territory Parks

    Documents

    Map
    Emily and Jessie Gaps Nature Park - Heavitree Range Extension Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)