Wangkangurru Yarluyandi Parks Indigenous Land Use Agreement (ILUA)
|Date: ||13 January 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located at the junction between South Australian, Northern Territory and Queensland borders|
|State/Country:||South Australia, Australia|
|The Agreement Area is located at the intersection between the South Australian, Queensland and Norther Territory borders.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 January 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:SI2014/013|
|Subject Matter:||Management / Administration | Native Title|
|Summary Information: |
|WWangkangurru Yarluyandi Parks Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:|
- The Attorney-General on behalf of the State of South Australia; and
- Wangkangurru Yarluyandi Aboriginal Corporation; and
- Minister for Sustainability, Environment and Conservation for the State of South Australia.
The purpose of the Agreement is to provide for the doing of certain Future Acts within the Agreement Area.
|Detailed Information: |
| Commencement |
This ILUA was registered with the Register of Indigenous Land Use Agreements on 13 January 2015.
The Extract does not provide a specific start or end date for the Agreement.
The Extract does, however, provide that Clauses 1 to 8 of the Agreement commence on the Execution Date.
The remaining Clauses of the Agreement commence on the Registration Date, being 13 January 2015.
The Agreement will continue indefinitely until terminated either in accordance with Clause 38 or by operation of law.
The Agreement will automatically terminate if removed from the Register
If the Agreement is not registered on the Register within 24 months from the Execution Date, it may be terminated by written agreement of the parties.
Native Title Provisions
Authorisation of Park Activities in Agreement Area
Subject to statutory provisions of the Aboriginal Heritage Act 1988 (SA) and compliance with the Agreement, the parties consent that the State may carry out, or authorise by permit, lease, licence or agreement under the National Parks and Wildlife Act 1972 (SA) ('NPWA') or any other legislation, the carrying out of any acts or activities upon the Agreement Area which are consistent with the operation of the Agreement Area as Reserves under the NPWA.
The Parties consent to the implementation of any Management Plan in relation to the Reserves adopted pursuant to section 38 of the NPWA.
Consent to other Acts
In addition, the parties provide their consent (to the extent it is necessary and subject to conditions) to the State approving and/or doing certain acts and activities. Those acts and activities are outlined in Clauses 11.2, 17.4, 19.2, 26, 27 and 30 of the Agreement on Native Title Land in the Agreement Area after the Registration Date.
If the Act is a Notifiable Act the consent of the Corporation to the State approving or doing that act or activity is conditional upon the State’s compliance with the Notification Process set out in Schedule 3 (that Schedule is not included in the Extract.)
Clause 28.4 stipulates that, where a Future Act is one which could be done if, instead of being Native Title Land the
land was held as freehold, the act is not a Notifiable Act and the consent of the Wangkangurru Yarluyandi People is conditional upon the Corporation being provided the same procedural
rights as would be afforded to them if they instead held freehold title to the land.
Native Title in the ILUA Area
The Agreement Area includes the Consent Determination of the Federal Court of Australia made in favour of the Wangkangurru Yarluyandi People in relation to the Wangkangurru Yarluyandi
Native Tittle Claim on 3 October 2014.