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Project Sea Dragon Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 December 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Keep River
State/Country:Northern Territory, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as about 1868 sq km approximately 30 km northeast of the community of Marralum. The ILUA area means NT portion 798 and NT portion 3222 (Lagune land - Pastoral Lease) and the area between the high-water and low-water mark adjacent to the Legune Land. See Schedule 1 of the ILUA, attached below, for more information. The area is within the jurisdiction of the Victoria-Daly Shire.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 19 December 2019. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: DI2018/008
Subject Matter:Fishing | Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2018/008
Summary Information:

The Project Sea Dragon Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:

  • Northern Land Council;
  • Northern Territory of Australia;
  • Project Sea Dragon Pty Ltd; and
  • Top End (Default PBC/CLA) Aboriginal Corporation RNTBC.

The purpose of the ILUA is to agree to acts related to Project Sea Dragon in the ILUA area, that being the development of a fully integrated land-based aquaculture marine protein production business.

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

Detailed Information:

Details of the Agreement:

Commencement and Termination:

The ILUA is binding from the date on which the parties have all signed the agreement. It has effect as an ILUA, and in relation to the agreed acts, from its registration on 19 December 2019. The ILUA will terminate 95 years after it commenced operating, given that the parties have met 5 years prior to this date to discuss extending the agreement. Alternatively, the parties may agree in writing to terminate the agreement at an earlier date.

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 acts agreed to by this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions:

The parties agree to the doing of certain acts, including the following:

  • the grant, variation, extension, renewal or transfer of the project rights, those being any rights or interests necessary or incidental to the undertaking of Project Sea Dragon pursuant to the legislation listed (see original Extract for further information); and
  • the undertaking of Project Sea Dragon, that being the development of fully integrated land-based aquaculture marine protein production businesses in the ILUA area. This may include the grow-out of land based ponds, Keep River Plains road upgrade, any associated infrastructure work and all primary production activites.

These agreed rights and undertakings must not exceed the term of the ILUA.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Simon v Northern Territory of Australia [2011] FCA 575. (FCA file no.: NTD9/2010, NNTT file no.: DCD2011/007).


Related Entries

Agreement
  • Simon v Northern Territory of Australia [2011] FCA 575
  • Organisation
  • National Native Title Tribunal
  • Northern Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Top End (Default PBC/CLA) Aboriginal Corporations RNTBC - Signatory
  • Project Sea Dragon Pty Ltd - Signatory
  • Victoria Daly Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for DI2018/008 as at 19 December 2019 (Project Sea Dragon 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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