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Cultana Industrial Estate Crown Land Transfer (No. 1) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 November 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:The agreement area is located in the northeast region of Eyre Peninsula, north of Whyalla and adjacent to Whyalla conservation park. 
State/Country:South Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 6.64 sq km and is located adjacent to the Lincoln Highway approximately 10km northeast of Whyalla. For details of the area see Lot 69 and portion of Piece 71 on Plan 85851 as identified in Schedule 1 of the ILUA, attached below under documents. The area is within the jurisdiction of the Whyalla Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 22 January 2021. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: SI2020/02
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=SI2020/002
Summary Information:

The Cultana Industrial Estate Crown Land Transfer (No. 1) Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Barngarla Determination Aboriginal Corporation RNTBC and the Minister for Environment and Water (SA).

The purpose of the ILUA is the extinguishment of native title over the agreement area in exchange for freehold title to the Barngarla Determination Aboriginal Corporation.

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

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA and in relation to the agreed acts from its registration on 22 January 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 the acts agreed to under this ILUA. 

Extinguishment

The parties consent to the surrender and extinguishment of native title pursuant to s 24EB of the Native Title Act 1993 (Cth).

Future act provisions

The parties agree to the surrender and extinguishment of native title taking place upon the issue of a certificate of title to the Barngarla Determination Aboriginal Corporation.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724. (FCA file no.: SAD6011/1998, NNTT file no.: SCD2016/001).



Related Entries

Organisation
  • National Native Title Tribunal
  • Barngarla Determination Aboriginal Corporation RNTBC - Signatory
  • City of Whyalla
  • South Australian Native Title Services Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Minister for Environment and Water (South Australia) - Signatory
  • Case Law
  • Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for SI2020/002 as at 22/01/2021 (Cultana Industrial Estate Crown Land Transfer (No. 1) 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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