Back to search results

printable versionPrint this page

Buronga HealthOne Indigenous Land Use Agreement

Category: Agreement
Date: 4 March 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Murray River
State/Country:New South Wales, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as Lot 914 in DP 756961, being an area of approximately 4006 square meters located in the northeastern corner of the intersection of Silver City Highway and Pittman Avenue in Buronga. For details of the area see Schedule A attached below under documents. The area is within the jurisdiction of the Wentworth Shire Council.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: NI2019/006
Subject Matter:Future Act | Land Transaction | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2019/006
Summary Information:

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.

Detailed Information:

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).


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
  • Minister for Water, Property and Housing of New South Wales - Signatory
  • Wentworth Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Barkindji (Barkandji) People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for NI2019/006 (Buronga HealthOne ILUA) - ( 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)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey