Barkandji Appin Station Indigenous Land Use Agreement (ILUA)

Central Western Region

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 July 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Barkandji Appin Station Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the Act), between

• Murray Butcher, Derek Hardman, Jennifer Jones (formerly Whyman), William Charles Bates, Maureen O'Donnell, Mary-Ann Marton, Cyril James Hunter on behalf of the native title claim group in Federal Court proceedings NSD6084 of 1998 (Barkandji Claim);
• Barkandji Native Title Group Aboriginal Corporation RNTBC;
• Menindee Local Aboriginal Land Council (Menindee LALC); and
• The Honourable Paul Toole, MP, the Minister for Lands and Forestry (Other Parties).

The purpose of the ILUA is to provide consent to the Minister for Lands and Forestry granting the Menindee LALC the sale of the whole, or part, of the ILUA area.

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

Details of the Agreement

Background

On 25 July 2017, NTSCORP Limited convened a meeting to authorise an indigenous land use agreement in relation to the Appin Station ILUA. At the meeting, the Barkandji and Malyangapa People authorised the making of the Appin Station ILUA by the registered native title applicant (Murray Butchers & Ors on behalf of Barankdji Traditional Owners v Attorney-General of New South Wales [2017] FCA 971, at 31). 

Commencement

The ILUA is binding from the date when signed by all the parties, 14 August 2017. It has effect as an ILUA, and in relation to the agreed acts from its registration date, 13 July 2018.

Termination

End date is not specified. 

Native Title Provisions

Right to negotiate

The native title party agrees that the right to negotiate principles in the Native Title Act 1993 (Cth) do not apply to the actions taken by the Minister for Lands and Forestry under this ILUA. 

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that under ss 24EB(3) of the NTA, any of the activities authorised under the Appin Station ILUA which may be inconsistent with the native title rights and interests do not extinguish them, instead they are revived when the activities are finished.

Future act provisions

The parties have agreed that, at any time before or after the native title determination (Barkandji Traditonal Owners #8 Part B) is made: 

• the Menindee LALC may make an application to purchase part, or whole, of the ILUA area under the Crown Land Management Act 2016 (NSW) or another act; and
• the Minister for Lands and Forestry, in their discretion, may grant the application to purchase or the sale of the land to the LALC under the Crown Land Management Act 2016 (NSW) or another act.

To be clear, nothing in the ILUA obliges the Minister to grant the sale or the application to purchase.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Murray Butchers & Ors on behalf of Barankdji Traditional Owners v Attorney-General of New South Wales [2017] FCA 971 (FCA File no.: NSD6084/1998, NNTT File no.: NCD2017/001).

Related Entries

Documents

Glossary