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Saltwater People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 December 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Greater Taree, New South Wales, Australia
Legal Status: Removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements on 25 July 2006.
Legal Reference: Previously National Native Title Tribunal No. NI2002/001
Subject Matter:Access | Fishing | Native Title | Sports and Physical Recreation | Tourism
Detailed Information:
This Indigenous Land Use Agreement was removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements on 25 July 2006 as a result of judicial review of the Native Title Registrar's decision to register the agreement.

This took place in the proceeding of Kemp v Native Title Registrar [2006] FCA 939, where Branson J of the Federal Court of Australia ruled that the Registrar had erred in determining that the agreement should be registered pursuant to s 24CL(1) of the Native Title Act 1993 (Cth). Branson J then ordered that the application for registration be remitted to the Registrar to be determined according to law.

Related Entries

Organisation
  • New South Wales Native Title Services Limited
  • National Native Title Tribunal
  • State of New South Wales
  • Saltwater Tribal Council (Aboriginal Corporation) - Signatory
  • Greater Taree City Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Anthony Bernard Kelly - Signatory
  • Debus, Robert John - Signatory
  • Patricia Davis Hurst - Signatory
  • Director General of Department of the Environment and Conservation (NSW) - Signatory

  • References

    Case Law
    Federal Court of Australia (25 July 2006) Kemp v Native Title Registrar [2006] FCA 936
    Parliamentary Paper
    Parliament of New South Wales, Members of Parliament Homepage "Profile of The Hon. (Tony) Anthony Bernard Kelly ALGA MLC"
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Saltwater People Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

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

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