Lake Gairdner National Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 April 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Lake Gairdner National Park , South Australia, Australia
The ILUA area is the Lake Gairdner National Park.
   
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 13 April 2012. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: SI2012/002
Subject Matter:Collaboration / Partnership | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_Registered_ILUA_-_Lake_Gairdner_National_Park_ILUA_SI2012_002.aspx
Summary Information:
Lake Gairdner National Park Indigenous Land Use Agreement (ILUA) is between:
- the Attorney-General for the State of South Australia (applicant);
- Elliot McNamara, Kenneth Smith, Howard Richards and Andrew Dingaman for and on behalf of the Gawler Ranges People;
- the Gawler Ranges Aboriginal Corporation; and
- the Minister for Sustainability, Environment and Conservation for the State of South Australia.

The purpose of the ILUA is to allow the State to do certain acts and activities within the National Park.
Detailed Information:
Details of the agreement

The acts and activities which the State has rights to undertake relate to the State's operation of the National Park.

The State can undertake all Future Acts apart from those done invalidly by the State before registration of this ILUA.

However, Notifiable Acts must comply with the Notification Protocol of the ILUA. Notifiable Acts are acts or activities carried out by the State, including the Board, in or in relation to the Park which:
(a) involve earthworks that may cause substantial disturbance to the land;
(b) consist of the grant of a lease or license or the making of an agreement authorising or permitting earthworks that may cause substantial disturbance to the land;
(c) consist of the grant of a commercial tour operator license that applies solely to the Park and/or permits the interpretation of Aboriginal culture on the Park; or
(d) alters the boundaries of the Park.

All Future Management Plans prepared after collaboration between the Minister and the Board can be carried out.

The State (including the Board) can also carry out or authorise by permit, lease or agreement the carrying out of any acts or activities upon the ILUA Area which are consistent with the operation of the ILUA Area as a National Park.

Native title in the ILUA area

This ILUA arises pursuant to the successful Gawler Rangers native title consent determination on 19 December 2011. Native title was granted to Gawler Ranges people who are decedents of Gawler Ranges ancestors or are recognised by other native title holders as a Gawler Person.


Related Entries

Agreement
  • McNamara on behalf of the Gawler Ranges People v State of South Australia [2011] FCA 1471
  • Gawler Ranges - Kokatha Pastoral Indigenous Land Use Agreement (ILUA)
  • Gawler Ranges - Moonaree Pastoral Indigenous Land Use Agreement (ILUA)
  • Gawler Ranges - Coondambo Pastoral Indigenous Land Use Agreement (ILUA)
  • Lake Gilles Conservation Park Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of South Australia - Signatory
  • Gawler Ranges Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Elliot McNamara, for and on behalf of the Gawler Ranges Native Title Claim Group - Signatory
  • Attorney-General for the State of South Australia - Signatory
  • Minister for Sustainability, Environment and Conservation for the State of South Australia - Signatory

  • References

    General Reference
    National Native Title Tribunal (13/04/2012) Extract from Register of Indigenous Land Use Agreements - Lake Gairdner National Park ILUA

    Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia)