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Tallaringa Conservation Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 January 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the Cooper Pedy vicinity, South Australia, Australia
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 June 2012. This an authorised Area Agreement under the Native Title Act .
Legal Reference: National Native Title Tribunal File No. SI2012/006
Subject Matter:Cultural Heritage | Future Act | Land Management | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/SI2012.006/ILUARegisterExport.pdf
Summary Information:
The Tallaringa Conservation Park Indigenous Land Use Agreement (ILUA) is a body corporate agreement between:
- the State of South Australia represented by the Attorney-General for South Australia;
- the Minister for Sustainability Environment and Conservation for the State of South Australia;
- the Antakarinja Matu-Yankunytjatjara (Aboriginal Corporation).

The purpose of this ILUA is to specify the authorised acts and activities within the ILUA Area; the Tallaringa Conservation Park.
Detailed Information:
Details of the Agreement

Commencement

The clauses in the ILUA relating to future acts come into operation on the date of registration; that is, the 27 June 2012. The remaining clauses come into operation on the date of execution of the ILUA.

Future acts

The parties to the ILUA agree that all future acts done invalidly by the State within the ILUA Area before the date of execution are valid.

Future act provisions of the Native Title Act 1993 (Cth) do not apply to certain acts and activities in the ILUA Area. The terms in this ILUA govern these acts and activities instead. These acts and activities include:
- the State carrying out or authorising by permit, lease, licence or agreement under the National Parks and Wildlife Act 1972 (SA) or any other legilsation the carrying out of any activities upon the ILUA Area which are consistent with the operation of the ILUA Area as a conservation park.
The non-extinguishment principle established under the Native Title Act 1993 (Cth) applies to these acts and activities.

This ILUA does not affected the right to negotiate procedure established under the Native Title Act 1993 (Cth) relating to the grant of mining authorities in the ILUA Area or any agreements negotiated as an alternative right to negotiate procedure.

Authorisation of activities upon the ILUA Area

The parties agree that the State may carry out or authorise by permit, lease, licence or agreement under the National Parks and Wildlife Act 1972 (SA) or any other legislation, the carrying out of any activities upon the ILUA Area which are consistent with the operation of the ILUA Area as a conservation park. The non-exinguishment principle applies to all such acts in the event that native title is affected.

Notifiable acts

All notifiable acts within the ILUA must comply with certain notification protocol. This protocol is set out in Schedule 3 of the ILUA, however this is not provided in the ILUA extract.

Notifiable acts are:
- acts or activities carried out by the State in or in relation to the ILUA Area which involve earthworks that may cause significant disturbance to the land or bed or subsoil underneath waters; or
- consist of the grant of a lease or licence or the making of an agreement under the National Parks and Wildlife Act 1972 (SA) that involves earthworks which may cause significant disturbance to the land or bed or subsoil underneath waters; or
- consist o the grant of a commercial tour operator licence that applies solely to the Park and/or permit the interpretation of Aboriginal culture in the Park; or
- alter the boundaries of the conservation park.

Whenever practicable, Antakarinja Matu-Yankunytjatjara (Aboriginal Corporation) will be advised of any proposed ground disturbing activity that is not a notifiable act at least 28 days in advance of it taking place.

Acts which are not notifiable acts include:
- minor soil disturbance related to conservation research including pitfall traps and temporary trenches for small animals.

Native Title in the ILUA area

As this is a body corporate agreement, there must be at least one registered native title body corporate for the ILUA area and thus a determination of native title in place. The relevant native title determination in this case is Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474.
On 11 May 2011, the Federal Court held that native title exists in parts of the determination area. The determination area is approximately 76,000 square kilometres and is located in Central South Australia. The area extends north to east from mt Willoughby and Mt Arckaringa to the Trans Australian Railway, and extends east from Talleringa Conservation Park to Millers Creek. The Antakirinja Matu-Yankunytjatajara Aboriginal Corporation is the prescribed body corporate nominated to perform the functions prescribed under the Native Title Act 1993 (Cth).

Related Entries

Agreement
  • Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474
  • Organisation
  • State of South Australia - Signatory
  • People
  • Attorney-General for the State of South Australia
  • Minister for Sustainability, Environment and Conservation for the State of South Australia - Signatory
  • Antakarinja Matu-Yankunytjatjara (Aboriginal Corporation) - Signatory

  • References

    General Reference
    National Native Title Tribunal Tallaringa Conservation Park ILUA Extract

    Documents

    Map
    Tallaringa Conservation Park ILUA Map - ( PDF)

    Glossary

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

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