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Barkandji Weinteriga and Yobel Station Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 14 August 2017
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Central Western New South Wales

State/Country:New South Wales, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approx. 360 sq km comprised of three lots, being Lot 3455 on DP765734, Lot 4143 on DP766648, and Lot 3728 on DP766141, and located directly south and approx. 65km south-west of Wilcannia. For details of the area see Annexure A MAp of the ILUA, attached below under documents. The area is within the jurisdiction of the Central Darling Shire Council.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: NI2018/003.
Subject Matter:Land Transaction | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2018/003
Summary Information:

The Barkandji Weinteriga and Yobel Station Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), 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) (Applicant); and 
  • Barkandji Native Title Group Aboriginal Corporation RNTBC;
  • The Honourable Paul Toole MP, the Minister for Lands and Forestry; and 
  • Wilcannia Local Aboriginal Land Council (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 Limited. 

Detailed Information:

Background to the Agreement

On 25-27 July 2017, NTSCORP Ltd convened a meeting to authorise an ILUA in relation to the Weinteriga and Yobel Station. At the meeting, the Barkandji and Malyangapa People authorised the making of the Weinteriga and Yobel Station ILUA and its signing 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). 

Details of the Agreement

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 provisions 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 Barkandji Weinteriga and Yobel 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

Agreement
  • Murray Butcher & Ors on behalf of Barkandji Traditional Owners v Attorney-General of New South Wales [2017] FCA 971
  • Organisation
  • National Native Title Tribunal
  • NTSCorp Limited - Aboriginal Representative Party
  • Barkandji Native Title Group Aboriginal Corporation RNTBC - Signatory
  • Menindee Local Aboriginal Land Council - Signatory
  • Central Darling 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
  • Minister for Lands and Forestry (New South Wales) - Signatory

  • Documents

    Document
    Extract from the National Native Title Register for NI2018/003 as at 27/01/2021 (Barkandji Weinteriga and Yobel Station 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)

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