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Barkandji Single Dealings Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 September 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Western District

State/Country:New South Wales, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA as about 16 hectares covering land parcels within the towns of Broken Hill, Menindee and Wilcannia. The land parcels are further described as Lots 4242, 5267, 1621, in DP757298, section 56 of Lot 2 in DP758669, Lot 7330 in DP1181672, and Lot 18 in DP757447. See maps below under documents. The agreement area is within the jurisdiction of the Broken Hill City and Central Darling Shire Councils.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 10 September 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: NI2019/004
Subject Matter:Future Act | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2019/004
Summary Information:

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

  • Attorney General of New South Wales;
  • Barkandji Native Title Group Aboriginal Corporation Registered Native title Body Corporate (RNTBC); and
  • Minister for Water, Property and Housing.

The purpose of the agreement is to provide consent for the surrender and extinguishment of native title over three land lots in Broken Hill, the grant of a freehold title to the Barkandji Native Title Group Aboriginal Corporation RNTB over a land lot in Wilcannia, and the reserving of a land lot in Menindee for community purposes.

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

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA is binding as a contract when signed by the last of the parties. It has effect as an ILUA and in relation to the agreed future acts from the date of registration, 10 September 2019.

The ILUA continues until either it is terminated by operation of subclause 2.3 (not available in the Extract), or by the mutual agreement of all 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 agree that the surrender of all native title rights and interests over the three lots in DP757298 is intended to permanently extinguish those native title rights and interests.

Future act provisions

The parties consent to:

  • the surrender and extinguishing of all native title right and interests in Lots 4242, 5267, 1621 in DP757298;
  • the grant of a freehold title in Lot 18 in DP757447 to the Barkandji Native Title Group Aboriginal Corporation RNTBC; and
  • the reserving of Lot 7330 in DP1181672 for community purposes; and
  • any act done in good faith in accordance with the reservation for community purposes, over Lot 2 in DP758669 and Lot 7330 in DP1181672.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Barkandji Traditional Owners #8 (Part A) v Attorney General of New South Wales (NNTT file no.: NCD2015/001; FCA file no.: NSD6084/1998).


Related Entries

Agreement
  • Barkandji Traditional Owners #8 (Part A) v Attorney-General of New South Wales [2015] FCA 604
  • Organisation
  • National Native Title Tribunal
  • Barkandji Native Title Group Aboriginal Corporation RNTBC - Signatory
  • Broken Hill City Council
  • Central Darling Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Attorney General of New South Wales - Signatory
  • Minister for Water, Property and Housing (New South Wales) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for NI2019/004 as at 17/6/2020 (Barkandji Single Dealings ILUA) - ( PDF | 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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