Norforce - Borroloola Indigenous Land Use Agreement (ILUA)
|Date: ||9 January 2006|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Northern Territory, Australia|
|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: |
“The land comprised by Lot 820 in the Town of Borroloola in the Northern Territory of Australia.”
The area of the ILUA is in the Borroloola Community Government Council local government area and falls within the jurisdiction of the Garrak-Jarru Regional Council.
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||DI2005/004|
|Subject Matter:||Defence | Native Title|
|Summary Information: |
|The Norforce – Borroloola Indigenous Land Use Agreement (ILUA) was agreed between the Northern Land Council, the Northern Territory of Australia, and Wendy Roper, Gordon Lansen, Phillip Timothy, Graham Friday, and Mavis Timothy for and on behalf of the Rrumburriya Borroloola Group. |
The Rrumburriya Borroloola native title group gives permission for a ten-year lease to be granted over the ILUA area to the Commonwealth Department of Defence for the purpose of a Norforce Depot, in order to resolve a tenure issue over the area. Norforce is an Australian Defence Force military unit set up in 1942 that is made up of 60 percent Aboriginal soldiers.
The ILUA stipulates that it does not authorise any extensions to this lease, and that doing so would constitute an unauthorised ‘future act’.
|Detailed Information: |
|This ILUA includes agreement that the non-extinguishment principle applies to any 'future acts' that may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation 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.|