Buronga HealthOne Indigenous Land Use Agreement

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 March 2020. This is an authorised Indigenous Land Use agreement under the Native Title Act 1993 (Cth).

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

• the Hon. Melina Pavey, Minister for Water, Property, and Housing of the State of New South Wales, in her capacity as Minister administrating the Crown Land Management Act 2016 (NSW): and
• Barkandji Native Title Group Aboriginal Corporation RNTBC (ICN 4740).

The purpose of the ILUA is to transfer the ILUA area in freehold title to the Barkandji RNTBC, and to approve associated leases and licences, all for the construction of the Buronga HealthOne Facility.

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

Details of the Agreement:

Commencement and Termination:

The ILUA is binding from the date when signed by all parties. It has an effect as an ILUA, and in relation to the agreed facts, from its registration date.

Include the details about termination from the Extract

Native Title Provisions:

Right to negotiate:

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

Extinguishment:

The parties to the ILUA agree that the non-extinguishment principle applies. This means that under section 24EB(3), any of the activities authorised in the ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished.

Future act provisions:

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

• the transfer of Lot 914 in DP 756961 in freehold title, by the Minister administrating Crown Land Management Act 2016 (NSW), to the Barkandji RNTBC;
• Barkandji RNTBC granting the Reserve Lease and the Freehold Lease to the Health Administration Corporation for the purpose of the consruction of the Buronga HealthOne Facility; and
  
• all future acts in relation to the land and waters in the determination area, in accordance with the Reserve Lease, the Freehold Lease, and the Licence granted by the Barkandji RNTC to the Health Administration Corporation to occupy the area for the prepatory works associated with the constructiuon of the Buronga HealthOne Facility.

Native Title in the Agreement Area:

The ILUA area is within the determination area of Barkandji Traditional Owners #8 v Attorney General of New South Wales [2015] FCA 604 (Barkandji Traditional Owners #8 Part A) (NNTT No.: NCD2015/001; Federal Court No.: NSD6084/1998).

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