Nukunu Area 1 Settlement Indigenous Land Use Agreement (ILUA)

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 March 2020. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Nukunu Area 1 Settlement Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:

• the Attorney-General for the State of South Australia;
• the Nukunu Wapma Thura (Aboriginal Corporation); and
• Rosalie Elizabeth Turner, Douglas Edward Arthur Turner, Lindsay John Thomas, Helen Renae Webb and Ian Clarence Webb (together the Applicant in relation to the Nukunu Native Title Claim).
  

The purpose of the ILUA is to surrender native title in agreed areas to the State, and the creation of interests and reservations in other agreed areas.

The Native Title Representative Body for this area is the South Australian Native Title Services Ltd.

Details of the Agreement:

Commencement and Termination:

The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration date. The ILUA terminates on the occurrence of one of the following events:

• when the ILUA is removed from the Register of Indigenous Land Use Agreements; or
• in the event that the ILUA is not registered within 24 months from the date signed by all the parties, it will be terminated by written agreement of 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 acts consented to in this agreement.

Extinguishment:

Apart from the extinguishment of native title over the areas specified below under future acts, the parties agree that the non-extinguishment principle applies. This means 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 the following acts:

• the surrender of native title from the date of registration in D72272A101 in the Hundred Kanyaka, D50130Q605, D44510A1, H331400S314 in the Hundred of Woolundunga, the forestry land detailed in article 16.2, H380700S676 in the Hundred of Pichi Richi, H331100S189 in the Hundred of Willowie, H331400S315 in the Hundred of Woolundunga and H380900S2 in the Hundred of Yarrah;
• the grant of perpetual leases CL 6206/227 OP6735 and CL6211/684 OP006216;
• the grant of any interest pursuant to the Forestry Act 1950 (SA) or the Crown Land Management Act 2009 (SA);
• the vesting of and any act done on land pursuant to section 15 of the Harbours and Navigation Act 1993 (SA);
• the construction or establishment of public works;
• the dedication or reservation of any land as per the National Parks and Wildlife Act 1972 (SA); and 
• the creation of any public road.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Turner on behalf of the Nukunu People v State of South Australia [2019] FCA 863. (FCA file no.: SAD6012/1998, NNTT file no.: SCD2019/001).

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