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Witjira National Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 March 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Witjira National Park, South Australia, 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 the Witjira National Park being Section 1495 Out of Hundreds Dalhousie.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 March 2008. This is an authorised Area Agreeement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal Reference No: SI2006/017.
Subject Matter:Access | Future Act | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/Witjira_National_Park_ILUA.aspx
Summary Information:
The Witjira National Park Indigenous Land Use Agreement (ILUA) was agreed between the State of South Australia (APPLICANT) and Edie King, Ruth McKenzie, Howard Doolan, Emily Churchill, Dean Ah Chee and Marilyn Hull for and on behalf of the native title claimants in Eringa (SAD6010/98), Eringa No 2 (SAD6002/99); and David Doolan, Valerie Naylon Fuschtei, Christine Lennon and Arthur Ah Chee for and on behalf of the native title claimants in Irrwanyere Mt Dare (SAD66/05); Linda Crombie, Brenda Shield, Sharon Lucas, Hadyn Bromley and Arthur Ah Chee for and on behalf of the native title claimants in Wangkangurru/Yarluyandi (SAD6016/98); and the Irrwanyere Aboriginal Corporation on 25 March 2008.

The purpose of the ILUA, amongst other things, is to provide for the co-management of the Witjira National Park by the Lower Southern Arrente and Wangkangurru (the native title group) with the Irrwanyere Aboriginal Corporation and an area for the permanent residence of the native title group.

The ILUA was registered on 25 March 2008, and does not have a stipulated period of operation.

Detailed Information:
The parties to the ILUA consent to:

  • co-management arrangements of the Witjira National Park and how traditional rights held by the native title group may be exercised under the provisions of the National Parks and Wildlife Act 1972 (SA);
  • a permanent area of residence in the area covered by the ILUA for the native title group;
  • tourism requirements, including the exclusive rights of the native title group to conduct commercial tours originating within the park and the explanation and interpretation of cultural heritage for all external tours;
  • employment of native title group members and terms for cultural heritage protection; and
  • the validation of all future acts done invalidly by the State within the ILUA Area prior to 25 March 2008, and the subsequent application of the non-extinguishment principle to these valid future acts.

    The ILUA is to operate concurrently with the co-management agreement (the Witjira Joint Management Arrangement) outlining the above terms under the National Parks and Wildlife Act 1972 (SA).


  • Related Entries

    Agreement
  • Witjira Joint Management Arrangement
  • Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia [2008] FCA 1370
  • Organisation
  • State of South Australia - Signatory
  • Irrwanyere Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • National Parks and Wildlife Act 1972 (SA)
  • People
  • Edie King, Ruth McKenzie, Howard Doolan, Emily Churchill, Dean Ah Chee and Marilyn Hull for and on behalf of the native title claimants in Eringa (SAD6010/98) and Eringa No 2 (SAD6002/99) - Signatory
  • David Doolan, Valerie Naylon Fuschtei, Christine Lennon and Arthur Ah Chee for and on behalf of the native title claimants in Irrwanyere Mt Dare (SAD66/05) - Signatory
  • Linda Crombie, Brenda Shields, Sharon Lucas, Hadyn Bromley and Arthur Ah Chee for and on behalf of the native title claimants in Wangkangurru/Yarluyandi - Signatory
  • Place
  • Witjira National Park

  • References

    Resource
    National Native Title Tribunal (25 March 2008) Extract from Register of Indigenous Land Use Agreements: Witjira National Park ILUA
    Department for Environment and Heritage (SA) (5 June 2008) Witjira National Park

    Glossary

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

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