ATNS - Agreements, Treaties and Negotiated Settlements project

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Powell Creek (Community Living Area) Indigenous Land Use Agreement (ILUA)
Date:	28 June 2004
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Powell Creek
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State/Country:	Northern Territory, Australia
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	The area of the ILUA is defined by the boundary of Northern Territory Portion 6154 'as depicted on the map provided with the Agreement entitled s.2001/173'. The are is within the locality of Powell Creek and in the Yapakurlangu ATSIC region. It is not within any incorporated local government area.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: DI2004/003
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 \| Recognition of Traditional Rights and Interests \| Land Use
Summary Information:
The Powell Creek CLA (Community Living Area) Indigenous Land Use Agreement 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). The ILUA specifies that the 'non-extinguishment principal shall apply to any action taken in accordance with this agreement', meaning that the granting of the land as a CLA will not extinguish any native title rights or interests that may exist in the area at the time. As well as that, the ILUA also sets the amount of any compensation that may be payable, for the effect of the grant of the CLA on native title rights, at a maximum of $1.00. Under the agreement the Territory agrees to grant the community living area within thirty days of whichever is the later of either the registration of the agreement as an ILUA or approval of an association under s 111(2) of the Pastoral Land Act 1992 (NT). Several other ILUAs have been made to create Aboriginal community living areas in the Northern Territory.