Red Gum Store Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 2 and 3 of the Agreement, as two sections of land from MacDonald Downs Pastoral Lease Area (NT Portion 3120):

• the Red Gum Store area - NT Portion 7455(A);
• the Corporation land area - NT Portion 7496(A).

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 31 January 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Red Gum Store Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• the Central Land Council;
• Malcolm McLeod Chalmers & Camarca Pty Ltd as Trustee for the Chalmers Family Trust;
• the Northern Territory of Australia;
• Thylungra Cattle Co Pty Ltd as Trustee for the Thylungra Trust.

The agreement area covers two sections about 6 sq km in total, 14 km and 24 km south wast of Kurrajong within the  MacDonald Downs Pastoral Lease area (NT Portion 3120).

The purpose of the agreement is to resolve all native title issues arising from the excision of the Red Gum Store Area (approx. 1.7 sq kms) and the surrender of the Tyerreng Aboriginal Corporation Land (approx. 378.5 hectares) from the MacDonald Downs.

The Native Title Representative Body for this area is the Central Land Council.

Commencement:

This agreement commences on the first day all parties have signed the agreement.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1999 (Cth) do not apply to any of the agreed acts.

Extinguishment

The parties consent to the surrender of the existing native title rights and interests in the land to the Northern Territory and acknowledge that this effects a complete extinguishment of all native title rights and interests in the Red Gum Store area and the Tyerreng Aboriginal Corporation Land area.

Future act provisions

The agreement provides consent for the excision of the Red Gum Store area and the surrender of Tyerreng Aboriginal Corporation land from MacDonald Downs, and the fee simple grants of those lands by the Northern Territory to Chalmers and the Tyerreng Aboriginal Corporation respectively.

The agreement also contains provisions for the native title holders to be compensated for the past impairment or extinguishment of native title and interests, and for the surrender of native title as brought about by this agreement.

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