ATNS - Agreements, Treaties and Negotiated Settlements project

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Akapertatyeke (Community Living Area) Indigenous Land Use Agreement (ILUA)
Date:	30 June 2003
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:
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State/Country:	Northern Territory, Australia
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	The Agreement area is located approximately 280 kilometres south-southeast of Alice Springs and 178 kilometres east of Kulgera and covers an area of about 95 square kilometres. The Agreement area covers Northern Territory Portion 5739 from survey plan S99/026.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: DI2003/005
Payments:	Compensation - The agreement states that the non-extinguishment principle applies, in which case native title rights and interests can not be compensated as they have not been extinguished by the act of the grant of the CLA. However, the agreement still states that any compensation that is payable is limited to $1.00. This statement is a secondary measure taken by the Territory to ensure it does not become liable to pay a large compensation amount if the law changes in future regarding extinguishment and compensation of native title. It is assumed that the native title parties agreed to this as the granting of an area of land for a CLA is of benefit to them.
Subject Matter:	Native Title \| Land Transaction \| Future Act \| Compensation \| Land Use
Summary Information:
The Akapertatyeke Indigenous Land Use Agreement (ILUA) allows a section of land to be purchased by the Northern Territory Government for the purpose of creating an Aboriginal community living area. Without the ILUA, the transaction in the land may have been subject to the future act and right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA). The parties agree that the land transaction will not extinguish any native title rights and interests that may exist in the area - that is, the 'non-extinguishment principle' of the NTA applies. The ILUA also sets the amount of any compensation that may be payable, for the effect of the grant on native title rights, at a maximum of $1.00. (See Additional information link above - Compensation). This type of land transaction falls under Part 8 of the Pastoral Land Act (NT) and section 46(1A) of the Lands Acquisition Act (NT). Several other ILUAs have been made to create Aboriginal community living areas in the Northern Territory.