Mount Riddock CLA NTP 6326(A) Indigenous Land Use Agreement (ILUA)

Northern MacDonnell Ranges, east of Entire and Inkamulla Creeks

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 3.5 sq km extending south from the Plenty Highway to about 5 km south of the Mt Eaglebeak Aboriginal community. For a detailed map of the area see Annexure A of the ILUA, attached below under documents. The area is within the jurisdiction of the Central Desert Regional Council.

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 November 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Mount Riddock CLA (Community Living Area) NTP 6326(A) Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• Northern Territory of Australia;
• Central Land Council; and
• Tywele Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to acknowledge the Northern Territory's granting a freehold title over NT Portion 6326(A) to the Irrulangkwele Aboriginal Corporation. The ILUA also provides that the Northern Territory will grant an easement over the Mount Riddock Pastoral Lease area to provide access to NT Portion 6326(A).

The Native Title Representative Body for this area is the Central Land Council.

Details of the Agreement

Commencement and Termination

The ILUA commenced when signed by all the parties (14 July 2020) and will continue in perpetuity. It has effect as an ILUA and in relation to the agreed future acts from the date of registration (17 November 2020).

Native Title Provisions

Right to negotiate

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

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the Native Title Act 1993 (Cth) any activities authorised by this ILUA that are inconsistent with native title rights and interests do not extinguish those rigts and interests. Instead they will be revived when the activities are finished.

Future act provisions

The parties acknowledge that, within thirty days of the registration of the ILUA, the Northern Territory of Australia's Minister for Lands, Planning and the Environment will publish a Notice of Aquisition in the Gazette in relation to NT Portion 6326(A) in accordance with s 46(1A) of the Lands Aquisition Act 1978 (NT) and this will have the effect of granting a freehold title over NT Portion 6326(A) to the Irrulangkwele Aboriginal Corporation.

The grant is subject to the Northern Territory, within a reasonable time of the publication, having granted an easement over Perpetual Pastoral Lease 989 (Mount Riddock) to provide access to NT Portion 6326(A).

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Bloomfield on behalf of the members of the Akerte, Atwele, Irrerlerre, Ulpmerre and Warrtharre Landholding Groups v Northern Territory of Australia [2017] FCA 335 (FCAfile no: NTD61/2015; NNTT file no: DCD 2017/003).

Related Entries

Documents

Glossary