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Yaegl Interim Licences Indigenous Land Use Agreement (ILUA)

Date: 20 November 2018
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

East of Grafton.

State/Country:New South Wales, Australia
The agreement area is within the jurisdiction of the Clarence Valley Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 20 November 2018. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: NI2018/006
Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2018/006
Summary Information:

The Yaegl Interim Licences Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Minister administering the Crown Lands Act 1989 (NSW) and Yaegl Traditional Owners Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC').

The agreement area covers about 286 sq km and is located east of Grafton extending from the vicinity of Maclean and Yamba in the north to Wooli in the South.

The purpose of the agreement is to make provisions for the use of land that has previously been subject to a licence granted by the Crown Lands Minister, where the licence has been terminated and has not yet been reissued, for the five year period following the registration of the agreement.

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

Detailed Information:

Agreement area:

The agreement area covers about 286 sq km and is located east of Grafton extending from the vicinity of Maclean and Yamba in the north to Wooli in the South. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule A, Attachment A2 of the Agreement, as all the land and waters within areas where native title was determined to exist within native title determinations Yaegl people #1 NSD6052/1998 and Yaegl People #2 NSD168/2011.

Native Title Provisions:

Future act provisions
The parties consent to the Crown Lands Minister re-issuing the remaining terminated licences to the former licensees for a period of up to five years from the date the agreement is entered onto the Register of Indigenous Land Use Agreements.

The parties also consent to the former licensee using and occupying the land from the date this agreement is registered to the date that the terminated licence is validly re-issued under the Native Title Act 1993 (Cth) or under this agreement. The former licensee cannot continue to use and occupy the land beyond five years from the date that this agreement is registered without having the licence re-issued.

The parties agree to the validation of the former licensee's use or occupation of the
terminated licence land that occurred prior to
the date this agreement was registered.

Where the procedures set out in Schedule C of the agreement are complied with, the parties consent to the doing of future acts that are covered by the Alternative Future Acts Regime (AFAR) as set out in Schedule C of the agreement (Schedule C is not included in the NNTT extract). The AFAR provisions may not operate beyond five years after the registration date of the agreement.

Native Title in the Agreement Area:

This agreement is located within the native title determination areas of the Federal Court of Australia (FCA) proceeding Yaegl People #1 v Attorney-General of New South Wales [2015] FCA 647. (FCA file no.: NSD6052/1998, NNTT file no.: NCD2015/002) and the Federal Court of Australia (FCA) proceeding Yaegl People #2 v Attorney-General of New South Wales [2017] FCA 993. (FCA file no.: NSD168/2011, NNTT file no.: NCD2017/003).


Related Entries

  • Yaegl People #1 v Attorney General of New South Wales [2015] FCA 647
  • Organisation
  • National Native Title Tribunal
  • Yaegl Traditional Owners Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Crown Lands Act 1989 (NSW)
  • People
  • Minister administering the Crown Land Management Act 2016 (NSW) - Signatory
  • Yaegl People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for NSI2018/006 as at 20/11/2018 Yaegl Interim Licences 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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