Andamooka Pecious Stones Field Agreement Indigenous Land Use Agreement (ILUA)

Northwest of Lake Torrens

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 May 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Andamooka Precious Stones Field Agreement Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Minister for Energy and Mining for the State of South Australia and the Kolkatha Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to provide consent for opal mining in the ILUA area.

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

Details of the Agreement

Commencement and Termination

The ILUA commences on the registration date, 7 May 2019, and will continue until it is removed from the Register of Indigenous Land Use Agreements in accordance with s 199C of the Native Title Act 1993 (Cth) (NTA).

The ILUA may be terminated by the written agreement of the parties. The parties must then jointly apply to have the ILUA removed from the Register for the termination to be effective.

Native Title Provisions

Right to negotiate:

The parties agree that the right to negotiate provisions of the NTA to not apply to the agreed future acts.

Extinguishment

The non-extinguishment principle applies. This means that, under s 24EB(3) of the NTA, any of the activities authorised under this agreement that may be inconsistent with native title rights and interests will not extinguish them. Instead, they will be revived after the activities are finished.

Future act provisions

The parties consent, within the area marked A on the map, to the following activities:

• the registration of precious stones tenements under s 20 of the Opal Mining Act 1995 (SA);
• the renewal of precious stones tenements under s 22 of the Opal Mining Act 1995 (SA); and
• opal mining operations being carried out under precious stones prospecting permit or in relation to a precious stones tenement.
  

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Starkey on behalf of the Kokatha People v South Australia [2014] FCA 924 (Kokatha People Part A) (NNTT file no.: SCD2014/004; FCA file no.: SAD90/2009).

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