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Mary River National Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 October 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Mary River, Northern Territory, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as including land around Stuart's Hill Historical Reserve, Mary River Crossing, Wildman River, Alligator Lagoon, Jimmy's Creek, Boggy Springs, Opium Creek, Shady Camp, Point Stuart Road Corridor, Annaburro Delta Block, McKinlay River, Swim Creek and Point Stuart Coastal Reserve in the Northern Territory.

The area of the ILUA also falls within the jurisdiction of the Garrak-Jarru Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 October 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: DI2004/047.
Subject Matter:Environmental Heritage | Native Title
Summary Information:
The Mary River National Park Indigenous Land Use Agreement (ILUA) was agreed between the Northern Land Council (APPLICANT); and the Chief Minister of the Northern Territory, the Native Title Parties (Gabriel Hazelbane, Valerie Tambling, Graham Kenyon and Brian Kenyon) on 10 October 2007.

The purpose of the ILUA is to set out the joint management agreement, plan and principles of the Mary River National Park.

The ILUA states that it will operate for 99 years; in addition, the parties agree to negotiate in good faith to renew or extend the agreement no later than five years before it expires.
Detailed Information:
This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. 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 parties to the ILUA consent to a joint management agreement between the Northern Territory and the Northern Land Council over the Mary River National Park. This agreement permits the grant of sub-leases for commercial leases, as well as the construction, operation and maintenance of anything necessary in the maintenance of the park.

Related Entries

Organisation
  • National Native Title Tribunal
  • Northern Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Garrak-Jarru Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Gabriel Hazelbane, Valerie Tambling et al - Signatory

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

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

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