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Barkandji RNTBC Keltren Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 July 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:In the vicinity of Mildura
State/Country:New South Wales, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this ILUA as Lot 42 in DP756936, which is about 1.21 hectares located on the western side of the Sturt Highway approximately 8.8 km south of Mildura. The agreement area is within the jurisdiction of the Wentworth Shire Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 30 July 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: NI2019/002
Subject Matter:Future Act | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2019/002
Summary Information:

The Barkandji RNTBC Keltren Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • the Minister for Lands and Forestry;
  • Attorney General of New South Wales
  • Barkandji Native Title Group Aboriginal Corporation Registered Native Title Body Corporate (RNTBC); and
  • Keltren Pty Ltd.

The purpose of the agreement is for the native title holders to consnet to the extinguishment of their native title over approximately 1.21 hectares of land, that is Lot 42 in DP756936, on the western side of the Sturt Highway.

The Native Title Representative Body for this area is NTSCORP Ltd.

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA commences on the registration date, 30 July 2019. It continues until either it is terminated under sub-clause 2.3 of the ILUA (details not available in the Extract), or by the written agreement of all the parties.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed future acts.

Extinguishment

The parties state that, for the purposes of ss 24EB(1)(b) and 24EB(1)(d), they consent to the surrender and extinguishment of native title over the ILUA area.

Future act provisions

The parties consent to the surrender and extinguishment of native title over Lot 42 in DP756936 (the ILIUA area), and also to the validation of acts that were done invalidly within the ILUA area:

  • after 1 January 1994 and before the date that all parties had signed the ILUA;
  • between the date that all parties had signed the ILUA and its registration date.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Barkandji Traditional Owners #8 v Attorney General of New South Wales [2015] FCA 604 (NNTT file no.: NCD2105/001; FCA file no.: NSD6084/1998).


Related Entries

Organisation
  • National Native Title Tribunal
  • Keltren Pty Ltd - Signatory
  • Barkandji Native Title Group Aboriginal Corporation RNTBC - Signatory
  • Wentworth Shire Council
  • NTSCorp Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Minister for Lands and Forestry (New South Wales) - Signatory
  • Attorney General of New South Wales - Signatory
  • Barkindji (Barkandji) People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for NI2109/002 as at 17/6/2020 (Barkandji RNTBC Keltren ILUA) - ( PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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