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Yingawurnarri Proposed Lot 64(A) Town of Top Springs Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 January 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Town of Top Springs, Northern Territory. , Australia
The Agreement Area is part of Lot 62 and proposed Lot 64(A) in the town of Top Springs. The ILUA area is approximately 7.2 hectares. Top Springs is located in the northern part of the Northern Territory, at the junction of the Buchanan and Buntine highways and is 291 kilometres south of Katherine. The local government region is Victoria Daly Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements as an authorised Area Agreement on 7 January 2014.
Legal Reference: National Native Title Tribunal File No.: DI2013/001
Subject Matter:Economic Development | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/NT_-_Registered_ILUA_-_Yingawurnarri_Proposed_Lot_64_(A)_Town_of_Top_Springs_ILUA_DI2013_001.aspx
Summary Information:
The Yingawurnarri Proposed Lot 64(A) Town of Top Springs Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Northern Territory of Australia, Department of Lands, Planning and Environment (applicant);

- George King on behalf of the Yingawurnarri Estate Group; and

- the Northern Land Council.

The purpose of the ILUA is to extinguish Native Title existing over the land subject to the ILUA.
Detailed Information:
Details of the Agreement

Commencement

The Extract does not identify a specific start or end date. The Agreement was registered with the National Native Title Tribunal on 7 January 2014.

Agreement

The Agreement operates to provide the parties' consent to:

a) The surrender to the Northern Territory of all native title rights and interests in the land within the ILUA Area;

b) The surrender of native title under the ILUA is intended to extinguish all native title rights and interests in the Land, in accordance with s 24EB(1)(d) Native Title Act 1993 (Cth);

Future Acts

The parties consent to the grant of freehold title over the Land to the extent that such a grant would constitute a future act.

Right to negotiate provisions do not apply

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. 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.

Background to the Agreement:

The Parties

Jimmy Wavehill, George Campbell, George King and Peanut Pontiari (on behalf of the Narrwan, Illirrimarri, Purrurruka and Yingawurnarri Groups) (the applicants) made an application on 17 July 2002 to the National Native Title Tribunal for registration pursuant to s190A of the Native Title Act 1993 (Cth).

The application was made in response to Notices under section 29 of the Native Title Act 1993 dated 12 June 2002 in relation to applications for exploration licences under the Mining Act (NT).

This application was rejected by the Tribunal.

Related Entries

Organisation
  • Northern Territory of Australia - Signatory
  • Northern Land Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • George King on behalf of the Yingawurnarri Estate Group - Signatory

  • Documents

    Map
    Yingawurnarri Proposed Lot 64(A) Town of Top Springs ILUA - Map - ( PDF)
    Yingawurnarri Proposed Lot 64(A) Town of Top Springs ILUA - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Extinguishment (Australia) | Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Territory Government (Australia)

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