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Second Katherine Regional Cultural Indigneous Land Use Agreement (ILUA)

Category: Agreement
Date: 26 April 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Katherine, Northern Territory , Australia
The ILUA, in facilitating the creation of a Lease, concerns an area named Lot 3287 on the Katherine Town Survey Plan S2010/247. The Agreement Area is located within the town of Katherine, within the Northern Territory of Australia. The local government municipality is the town of Katherine.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 April 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:DI2012/002
Subject Matter:Cultural Heritage
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/NT_-_Registered_ILUA_-_Second_Katherine_Regional_Cultural_ILUA_DI2012_002.aspx
Summary Information:
The Second Katherine Regional Cultural Indigenous Land Use Agreement (ILUA) was agreed between:

- the Northern Territory of Australia;

- the Northern Land Council;

- Mr Gary Manballoo, Ms Amy Marrapunyah, Ms Ivy Brumby, Ms Jessie Brown, [JE (deceased)], Ms Marie Dowling, [RB (deceased), native title claimants on behalf of the Dagoman People;

- the Wardman people native title claimants; and

- the Jawoyn people native title claimants.

The purpose of the area agreement ILUA is to facilitate the granting of a lease in favour of the Katherine Regional Council.

The Extract notes the purpose of the lease shall be to create a "Regional Cultural Precinct, being a cultural centre and surrounds used for the recognition, promotion, preservation and enhancement of the culture and cultural diversity of the Katherine region, and related purposes."
Detailed Information:
Commencement

This ILUA was registered on 26 April 2013.

The Extract does not specify a start or end date for the Agreement period. The ILUA Extract does note, however, Clause 2.1 of the Agreement. That Clause states:

"The Term of this Agreement shall be either:
a) Three years from the date of execution of this Agreement where the Northern
Territory does not grant the Lease within that period (Clause 4.3); or
b) Seventy five (75) years from the date of the grant of the Lease."

Native Title Provisions

The ILUA provides limited consent for the doing of Future Acts under ss.24EB(1) and / or 24EBA(1) or (4) of the Native Title Act. The consent is limited to those Future Acts outlined in Clause 4.2 of the Agreement.

Clause 4.2 (subject to Clauses 5 and 6 of the Agreement), provides consent on behalf of the Native Title Party to:

- the grant of the Lease by the Northern Territory Council; and
- the doing of any actions by the Northern Territory for the purposes of, or in anticipation of the grant of the Lease, and in accordance with the Lease Purpose, and the conditions of this Agreement.

Background to the Agreement

Native Title in the ILUA Area.

This Agreement is in addition to a previous Agreement made on 8 July 2010, the Katherine Regional Cultural Precinct ILUA. This ILUA largely reflects a similar purpose to that previously entered into.

Related Entries

Agreement
  • Katherine Regional Cultural Precinct Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Northern Territory of Australia - Signatory
  • Northern Land Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Mr Gary Manballoo, Ms Amy Marrapunyah, Ms Ivy Brumby, Ms Jessie Brown, [JE (dec)], Ms Marie Dowling, [RB (deceased)] on behalf of the Dagoman People. - Signatory
  • Wardaman People - Signatory
  • Sally Mumbin, Denise Williams and Bill Harvey Snr on behalf of the Wardaman and Jawoyn People - Signatory

  • Documents

    Map
    Second Katherine Regional Cultural ILUA Map - ( PDF)
    Second Katherine Regional Cultural ILUA Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | Native Title (Australia) | Native Title Determination (Australia) | Native Title Claimants (unregistered) (Australia) | Territory Government (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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