ATNS - Agreements, Treaties and Negotiated Settlements project

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Rainbow Valley Conservation Reserve Indigenous Land Use Agreement (ILUA)
Date:	3 October 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	South of Alice Springs
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State/Country:	Northern Territory, Australia
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	The ILUA area is located south of Alice Springs. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'The Park means all that parcel of land near Rainbow Valley in the Northern Territory of Australia containing an area of 2483 hectares more or less being Northern Territory Portion 1993 more particularly delineated on Survey Plan S83/35 lodged with the Surveyor General, Darwin.' The ILUA area falls within the Central Remote Regional Council ATSIC region.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal No.: DI2004/032.
Subject Matter:	Environmental Heritage \| Future Act \| Land Management \| Land Use
Summary Information:
The Rainbow Valley Conservation Reserve Indigenous Land Use Agreement (ILUA) was made between the Central Land Council and the Northern Territory of Australia to clarify the future title and management of the Rainbow Valley Conservation Reserve. This ILUA is one of 31 agreements signed over parks and reserves in the Northern Territory. The agreements were developed following the High Court's decision in Western Australia v Ward, which found that the Keep River National Park had not been properly established. In response, the Northern Territory government pursued ILUAs and joint management agreements to resolve tenure disputes and management of the parks. These agreements were negotiated from 2002 to 2005, during which time the Parks and Reserves (Framework for the Future) Act 2003 (NT) was also passed. These arrangements aim to settle all native title issues in Northern Territory national park areas.
Detailed Information:
Under the ILUA, the parties consent to the execution of a joint management plan for the Rainbow Valley Conservation Reserve. The Northern Territory Government and the Central Land Council agree to manage the reserve in accordance with joint management principles. The Parties consent to any action permitted in the joint management plan, regardless of whether these actions are 'future acts'. Reference is also made to agreement regarding compensation and use of the park. 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. The purpose of the ILUA is to satisfy the conditions set out in s 10(1)(b) of the Parks and Reserves (Framework for the Future) Act, and to otherwise deal with native title issues in respect of the execution of the Joint Management Deed and actions taken in accordance with the Plan of Management for the park. The Rainbow Valley Conservation Reserve is listed under Schedule 3 of the Parks and Reserves (Framework for the Future) Act 2003 (NT). This means that no change in tenure is required to bring the reserve in line with new arrangements for Northern Territory national parks. However, the Act does require a joint management agreement to be implemented.
Outcomes:
According to the Koori Mail (2 July 2008, p 31) a Rainbow Valley Joint Management Plan has been developed between the Northern Territory Parks and Wildlife Service and the traditional owners under the Territory Parks and Wildlife Conservation Act 2001 (NT). It was created in consultation with the traditional owners, and envisages their ongoing participation in the management of Rainbow Valley. Aspects of the Plan include offering education, employment and economic development opportunities to traditional owners, and better access, information and experiences to visitors. Among other initiatives, one of the traditional owners will give cultural tours of the reserve to the public, new sections of road are to be built, and new signs are to be put in place.