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The Arabana Native Title Claim Settlement Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 December 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Arabana, South Australia, Australia
Covering approximately 68, 823 square kilometres, the ILUA area spans between Marree in the southeast and Oodnadatta in the northwest. The area covered includes Lake Eyre and the Wabma Kadarbu Mound Springs Conservation Park.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 December 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: SI2012/017
Subject Matter:Access | Collaboration / Partnership | Compensation | Consultation | Environmental Heritage | Future Act | Housing, Construction and Infrastructure | Land Planning | Management / Administration | Mining and Minerals | Native Title | Native Title - Extinguishment | Recognition of Traditional Rights and Interests
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/SA_-_Registered_ILUA_-_The_Arabana_Native_Title_Claim_Settlement_ILUA_SI2012_017.aspx
Summary Information:
The Arabana Native Title Claim Settlement Indigenous Land Use Agreement (ILUA) is an agreement between:
- The Attorney-General for the State of South Australia;
- Reginald Dodd, Millie Warren and Laurie Stuart (deceased) as Applicant in the Arabana Native Title Claim for and on behalf of the Arabana People (together known as the Arabana People);
- Arabana Aboriginal Corporation; and
- South Australian Native Title Services.

The purpose of the agreement is for the parties to provide consent and validation to future acts performed within the ILUA area, to the extinguishment of native title in select areas, and to the granting of leases and licences by the State over select areas.
Detailed Information:
Details of the Agreement

Commencement

Some clauses of the agreement commence operation on the date of execution, and others on the date of registration. All clauses of the agreement will operate indefinitely from their commencement.

Clauses 9,10, 11, 12, 13, 14, 15, 16, 17, 30, 31 and 33 of this Agreement commence on the Registration Date and continue indefinitely. The remainder of this Agreement commences on the Execution Date and continues indefinitely.

To the extent possible by law, the terms of the agreement operate as a binding contract between the parties, even if the ILUA is removed from the NNTT Register.

Consent to Future Acts

In accordance with ss. 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth) ('NTA') the parties consent to the validation of Future Acts done by the State within the agreement area prior to registration of the agreement ('Validated Future Acts').

The non-extinguishment principle as set out in s238 NTA applies to all Validated Future Acts. The benefits and compensation provided for under this ILUA are in full and final compensation for all Validated Future Acts.

The parties also consent to specified Future Acts (referred to in clauses 13, 14, 15, 16, 17 and 18) being performed in the agreement area after the registration date.

Consent to these specific Future Acts after the agreement registration date are subject to the Parties complying with the Notification Protocol (set out in Schedule 5) in relation to all Notifiable Acts. Where the Future Act is a Notifiable Act, the consent of the Arabana People is conditional upon the State's compliance with the Notification Protocol.

The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation 'Notification Protocol' 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.

All acts or activities consented to under this part of the agreement are valid.

Surrender of Native Title

On the registration date, the Arabana People surrender to the State all of their native title rights and interests within the government town of Marree. Surrendered native title rights and interests are extinguished, with the result that native title is wholly extinguished within the government town of Marree.

The Arabana People agree to the State granting a lease or licence under the Crown Lands Management Act 2009 (SA) over Gymkhana Area in Marree and Gymkhana Area in William Creek for the continued use and development of the land for community purposes, and consent to the carrying out of all activities, including the establishment and maintenance of infrastructure, on the land as required or permitted by the terms of the lease or licence.

The Arabana People also agree to the grant by the State of a long term lease under the Crown Land Management Act 2009 (SA) over Finniss Springs to the Corporation, and consent to the carrying out of all activities, including the establishment and maintenance of infrastructure, on the land as required or permitted by the terms of the lease.

The parties also acknowledge the existence of a proposal to add the area of Halligan Bay Point to the Lake Eyre National Park. The Parties agree that if the relevant Minister intends to proceed with this proposal, he will notify the Corporation and provide them with further details of the proposal. The Parties consent to the area being proclaimed as part of the Lake Eyre National Park, pending this notification.

The parties consent to the doing of any other Future Acts by the State, except Notifiable Acts, providing that they are afforded the proper procedural rights.

Native Title in the ILUA area

The Agreement Area is the entirety of the land and waters within the external boundaries of the Arabana Native Title Claim. The Arabana People Consent Determination recognises non-exclusive native title rights and interests over an area located in the central north of South Australia, covering approximately 68,823 square kilometres.

Related Entries

Agreement
  • Arabana Parks Indigenous Land Use Agreement (ILUA)
  • Arabunna Area Minerals Exploration Indigenous Land Use Agreement (ILUA)
  • Dodd v State of South Australia [2012] FCA 519
  • Organisation
  • South Australian Native Title Services Limited - Signatory
  • Arabana Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Reginald Dodd, Laurie Stuart (Deceased) and Millie Warren for and on behalf of the Arabunna native title claim group - Signatory
  • Arabunna People
  • Attorney-General for the State of South Australia - Signatory

  • References

    General Reference
    National Native Title Tribunal (NNTT) National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for Arabana Native Title Claim Settlement ILUA
    Media Release
    Vanessie, Petra (22 May 2012) Arabana native title claim resolved in South Australia
    South Australian Native Title Services (23 May 2012) Arabana Achieves Consent Determination
    Newspaper Article
    Littley, Bryan (22 May 2012) Arabana handed their land back

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | National Park | State Government | Non-Extinguishment Principle | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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