Timber Creek Indigenous Land Use Agreement (ILUA)
|Date: ||11 January 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Timber Creek, Northern Territory, Australia|
|The ILUA area covers various Lots of land located in the township of Timber Creek, Northern Territory. These Lots are:
- Lots 35 and 37, Lawler Court, Timber Creek; and
- Lots 80, 101-108 and 110-113, Fitzer Road, Timber Creek. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 January 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. DI2009/006.|
|Subject Matter:||Native Title | Native Title - Extinguishment|
|Summary Information: |
|The Timber Creek ILUA was agreed between |
- the Northern Territory of Australia;
- the Gunarmu Aboriginal Corporation (on behalf of the native title holders determined in Griffiths v Northern Territory of Australia (No 2)  FCA 1155 (28 August 2006)); and
- the Northern Land Council.
The purpose of the ILUA is to provide for the surrender of native title rights and interests within the determination area.
|Detailed Information: |
|This ILUA provides for the surrender (and subsequent extinguishment) of those native title rights and interests recognised in Griffiths v Northern Territory of Australia (No 2)  FCA 1155 (28 August 2006) that exist within the determination area. |
The surrender is to take effect upon registration of ILUA on the National Native Title Tribunal Register of ILUAs. This occured on 11 January 2010.
The National Native Title Tribunal Register Extract does not specify what purpose the surrender of native title serves, however, the National Native Title Tribunal Register has listed the ILUA as a 'development' agreement.
The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of the lease.
Native Title in the ILUA Area
The ILUA area is located within the determination area of native title made in the proceeding Griffiths v Northern Territory of Australia (No 2)  FCA 1155 (28 August 2006) by the Federal Court of Australia. This determination held that non-exclusive native title rights (such as rights to travel over and rights to hunt and fish) existed within the determination area. Under the Native Title Act 1993 (Cth) any activity 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. The ILUA entitles the parties to circumvent these provisions.
The ILUA was also registered subsequent to the High Court decision in Griffiths v Minister for Lands, Planning and Environment  HCA 20, however this regarded separate lots of land within the Timber Creek Area. This case held that the Commonwealth could compulsorily acquire land subject to native title for the purpose of granting a lease to a private business. This compulsory acquisition would have the effect of extinguishing native title rights and interests within the acquired area.