ATNS - Agreements, Treaties and Negotiated Settlements project

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Yankaninna/Balparana Indigenous Land Use Agreement (ILUA)
Date:	28 April 2011
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Vulkathuna-Gammon Ranges National Park
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State/Country:	South Australia, Australia
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	The area subject to this agreement covers approximately 553 square kilometres and is located approximately 45 kilometres east-north-east of Leigh Creek, in the vicinity of Vulkathuna-Gammon Ranges National Park.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal No: SI2011/001
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2011/SI2011.001/ILUARegisterExport.pdf
Summary Information:
This agreement is between the State of South Australia, Adnyamathanha Traditional Lands Association (Aboriginal Corporation) and the Operation Flinders Foundation Inc. The purpose of this ILUA is to provide for the Adnyamathanha People's right to use the land covered by the Yankaninna and Balparana Pastoral Leases.
Detailed Information:
Content of the ILUA Commencement and Termination The agreement is to operate indefinitely from the commencement date (28/04/2011). Future Acts The ILUA refers to a number of activities which are defined as future acts. These include: - the giving of any necessary consents or approvals by the State or a statutory authority of the State; - the designation of a track (which re-routes public traffic away from the Yankaninna homestead and sheds) as a public road; and - the approval by the Pastoral Board of wilderness exercises on the ILUA Area by Operation Flinders. If any of these future acts were performed prior to registration of the ILUA (1 August 2011) and were therefore invalid, the parties have agreed that the registration of the ILUA validates those actions. Approved Activities The future act provisions in the Native Title Act 1993 (Cth) do not apply to approved activities. Approved activities are: - Operation Flinder's wilderness adventure exercises; - use of the ILUA area for pastoral purposes in accordance with the Pastoral Act; - other activities of Operation Flinders specifically approved in the agreement; - other activities agreed to by the Adnyamathanha Traditional Lands Association; and - any activities that are incidental thereto. If the approved activities require approval by any State or Commonwealth agency or authority, compensation arising from such approval is to be covered by agreement between Operation Flinders and Adnyamathanha Traditional Lands Association. Right to Negotiate The right to negotiate (see glossary) is not intended to apply to any of the future acts validated or consented to under the ILUA. Other Provisions The parties also made provisions in the ILUA in relation to Operation Flinder's wilderness adventure program for young offenders and young people at risk. These clauses related to very specific activities such as use of camp sites, erecting toilet facilities etc. For precise details see Clause 13 and 15 of the ILUA Extract. Background to the ILUA Legal History Two separate Applications, relating to different areas of land, were brought by the Adnyamathanha people. These have been labelled Adnyamathanha No 1 Native Title Claim and Adnyamathanha No 2 Native Title Claim. On 30 March 2009, in a consent determination, the Federal Court of Australia found native title in some of the area. The area covered some 41,000 square kilometres of land and was South Australia's biggest native title claim. The pastoral leases, which are the focus of this ILUA are within the bounds of the Adnyamathanha No.1 Native Title Claim. This ILUA is one of 45 ILUA's in South Australia. Connection to Country The name Adnyamathanha means 'rock people' or 'hill people'. The Adnyamathanha are made up of the Kuyani, Ngudlawara, Walypi, Yadlhiauda and Barngarla Peoples. These peoples are closely connected to the Flinders Ranges in South Australia.