ATNS - Agreements, Treaties and Negotiated Settlements project

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Pine Hill Community Living Area Indigenous Land Use Agreement (ILUA)
Date:	16 November 2007
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Pine Hill
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State/Country:	Northern Territory, Australia
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	Pine Hill is located north-east 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 ILUA Area consists of the land and waters within: NT Portion 725 to the extent it is situated east of the Stuart Highway. NT Portions 6108, 6109 and 6110 (the agreed act areas described in Schedule 1). NT Portions 2427 and 3694 (the prior act areas described in Schedule 2). NT Portion 6645(A) (the road reserve described in Schedule 4). NT Portion 6646(A) (the Community Living Area described in Schedule 5) and depicted on the map in Schedule 6. The area of the ILUA also falls within the jurisdiction of the Central Remote Regional Council.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 November 2007. This is a certified Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: DI2006/003
Subject Matter:	Land Transaction \| Native Title \| Native Title - Extinguishment
Summary Information:
The Pine Hill Community Living Area (CLA) Indigenous Land Use Agreement (ILUA) was agreed between the Northern Territory of Australia (APPLICANT); Registered Native Title Claimants (DC99/4) Lindsay Bird Ampetyane, Harold Paine Ampetyane, Dorothy Ampetyane, Bunny Ampetyane, Archie Glenn Angal; and the Central Land Council on 16 November 2007. The purpose of the ILUA is to provide tenure resolution over a community living area.
Detailed Information:
The ILUA provides consent for the doing of certain acts, including the declaration of a road reserve. In addition, the ILUA provides consent for the grant and conversion freehold of certain crown leases term, including that held by the Ilkewartn Ywel Aboriginal Corporation. This will be done at no cost. In addition, the crown lease term held by the Ilkewartn Ywel Aboriginal Corporation will contain covenants allowing for horticultural development of the land. This ILUA includes agreement that 'future acts' 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.