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Narungga Local Government (Yorke Peninsula) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 October 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Yorke Peninsula, South Australia, Australia
The ILUA area is located on the Yorke Peninsula of South Australia. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: ' The ILUA area is comprised of those areas marked 'A' and 'B' on the map attached to this Schedule 1, being: A. the area marked 'A' on the map attached to this Schedule 1, being that part of the Port Pirie Regional Council south of the Nukunu Native Title Claim (SG6012/98) and west of the Kaurna Peoples Native Title claim (SG 6001/00), over which the ILUA shall be operative between: 1. the State, NNAC and ALRM only, and not the Councils; and 2. the Port Pirie Regional Council, if the Port Pirie Regional Council becomes a party to this ILUA by deed of assumption executed on or before 31 January 2005; and B. the area marked 'B' on the map attached to this Schedule I, over which the ILUA shall be operative between the State, NNAC, ALRM and the Councils, being the area within the outer boundaries of the area of: 1. the District Council of Yorke Peninsula; and 2. the District Council of Copper Coast; and 3. the Wakefield Regional Council; and 4. the District Council of Barunga West, as at the date of execution of this ILUA by the parties, excluding any portion of that area which is at that date: 1. Subject to: 1.1 Nukunu Native Title Claim (SG 6012/98), lodged on 10 April 1996 and registered on 17 January 2000 1.2 Kaurna Peoples Native Title Claim (S6001/00), lodged on 25 October 2000 and registered on 22 August 2001 being the area delineated in red on the map attached to this Schedule 1; or 2. Constituted or proposed to be constituted as National Park or a Conservation Park pursuant to the National Parks and Wildlife Act 1972 (SA) including: 2.1 All road reserves within the boundaries of any National Park or Conservation Park 2.2 Bird Islands Conservation Park comprising Sections 794 and 795 Out of Hundreds (Bird Island), and Allotments 1 and 2 in Deposited Plan 31581 and Allotment 50 in Deposited Plan 35082; 2.3 Carribie Conservation Park comprising Section 153 in the Hundred of Carribie; 2.4 Clinton Conservation Park comprising Sections 568, 586 - 589, 622 and 623 in the Hundred of Clinton; 2.5 Innes National Park comprising Allotment 100 in Deposited Plan 32565, Sections 13, 57, 76, 83, 88, 89, 93, 95, 99 - 102, 104, 107, 116, 121, 124 - 128, 131 - 136, 138, and 139 in the Hundred of Warrenben; Section 958 Out of Hundreds (Middle Island) and Section 959 Out of Hundreds (Royston Island); and land proposed to be included within Innes National Park comprising sections 10, 129, 130, 177 and 268 in the Hundred of Warrenben and Allotment 2 in Deposited Plan 46329; 2.6 Leven Beach Conservation Park comprising Sections 161, 162 and 452 in the Hundred of Para Wurlie; 2.7 Point Davenport Conservation Park comprising Sections 36, 46 - 62, 103-105, 156, 157, 252 and 255 in the Hundred of Coonarie; 2.8 Warrenben Conservation Park comprising Sections 44, 45, 54 and 97 in the Hundred of Warrenben; or 3. the inter-tidal zone adjoining any reserve constituted as National Park or a Conservation Park pursuant to the National Parks and Wildlife Act 1972 (SA); or 4. that portion of the Wakefield Regional Council immediately to the east of the eastern boundary of the Kaurna Peoples Native title Claim (S6001/00)'. The ILUA falls within the District Councils of Yorke Peninsula, Barunga West and Copper Coast, and the Wakefield Regional Council. It is within the Patpa Warra Yunti ATSIC Regional Council area.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: SI2003/004.
Alternative Names:
  • Narungga Indigenous Land Use Agreement
  • Narungga Local Government Indigenous Land Use Agreement
  • Subject Matter:Compensation | Economic Development | Future Act | Housing, Construction and Infrastructure | Land Use | Local Government | Native Title | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    Summary Information:
    The Yorke Peninsula Indigenous Land Use Agreement (ILUA) was signed between the Narungga Nation, the South Australian Government and four Yorke Peninsula Councils following 18 months of negotiations. The ILUA clarifies the way that native title interacts with local government in the Yorke Peninsula region.

    The agreement recognises the Narungga People as traditional owners in the Yorke Peninsula region and outlines a compensation package.

    The ILUA creates a regime for when and where acts can be done which may affect native title and cultural heritage. This relates especially to the development of infrastructure. The ILUA also includes an Aboriginal heritage protection protocol.

    Under the ILUA, a committee to work on local issues for the Narungga Nation has been created. Employment, economic development, cultural recognition and service delivery in the region are all part of the Committee's mandate.

    The Yorke Peninsula ILUA was the first South Australian Indigenous Land Use Agreement between an Indigenous group and local governments. As such, it may form the basis for future agreements in local government areas.
    Detailed Information:
    The ILUA provides the consent of the parties to future acts and validation of future acts that may already have been done by the State and Councils in respect of the ILUA area. The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

    Without this agreement, the such acts would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this act any activity, such as a grant of land, 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 also provides for the surrender and extinguishment of native title rights and interests relating to certain parts of the ILUA area. The Narungga People surrender to the State all of their native title rights and interests in relation to the area set out in Schedule 5, being all Crown Land and all dedicated lands, as shown on the map attached to Schedule 1.

    The consent of the parties to future acts is conditional upon the State or Council's compliance with clauses 5 and 6 of the Agreement.

    The ILUA may be removed from the register upon application by any of the parties who may wish to terminate the agreement. Consent to any future acts ceases to apply should this occur.

    Related Entries

    Organisation
  • State of South Australia
  • Aboriginal Legal Rights Movement Inc - Signatory
  • National Native Title Tribunal
  • Yorke Peninsula District Council - Signatory
  • Narungga Nations Aboriginal Corporation - Signatory
  • Wakefield Regional Council - Signatory
  • District Council of Barunga West - Signatory
  • District Council of Copper Coast - Signatory
  • Local Government Association of South Australia
  • State of South Australia - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Aboriginal Heritage Act 1988 (SA)
  • People
  • Narungga People

  • References

    Media Release
    National Native Title Tribunal (2004) South Australian groups finalise first native title local government agreement
    Local Government Association of South Australia (2004) Yorke Peninsula Native Title Settlement
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Yorke Peninsula Indigenous Land Use Agreement (ILUA) Map - ( PDF | Thumbnail | Image)

    Glossary

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

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