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Western Bundjalung Amended Settlement Indigenous Land Use Agreement

Category: Agreement
Date: 21 October 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Northern Rivers Region

State/Country:New South Wales, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as all the land and waters within the external boundaries of the Western Bundjalung Application Part A and Part B Areas. For details of the area see Schedule B of the ILUA, attached below under documents. The area is within the jurisdiction of the Clarence Valley, Glen Innes Severn Shire, Kyogle, Richmond Valley, and Tenterfield Shire Councils.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 October 2020. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: NI2020/02
Subject Matter:Access | Consultation | Land Settlement | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2020/002
Summary Information:

The Western Bundjalung Amended Settlement Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA), between

  • Tim Torrens, David Mundine, Kathy Malera-Bandjalan, Brownyn Bancroft, Leonard Gordon, David Walker, Terrance Robinson, Andrew Donnelly, Gary Brown, Graeme Walker on behalf of the Western Bundjalung People;
  • Attorney General of New South Wales;
  • Ngullingah Jugun (Our Country) Aboriginal Corporation;
  • Chief Executive of Fisheries Corporation;
  • Minister Administering Part 6 of the National Parks and Wildlife Act 1974 (NSW)
  • Minister Administering the Crown Land Management Act 2016 (NSW);
  • Minister Administering the Fisheries Management Act 1994 (NSW);
  • Minister Administering the National Parks and Wildlife Act 1974 (NSW), and
  • Secretary of the agency responsible for the administration of the National Parks and Wildlife Act 1974 (NSW).

The purpose of the ILUA is to validate acts agreed to and done under the 2017 Western Bundjulung ILUA, as well as those done prior to the registration of that ILUA. It also validates acts agreed to and done in relation to the Western Bundjalung People Part B Determination Area prior to this ILUA's registration.

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

Detailed Information:

Background

Prior to the making of this ILUA, the 2018 Western Bundjalung Settlement ILUA had been negotiated as a part of the proposed Western Bundjalung Part A consent determination and was later referenced as a part of the Western Bundjalung People Part B consent determination.

Commencement and Termination

The ILUA operates from 21 October 2020. It operates as an ILUA, and in relation to the agreed future acts, upon registration on 21 October 2020.

The ILUA continues until either it is terminated by operation of sub-clause 2.3, which is not included in the extract. The ILUA may also come to an end by agreement from all parties in writing.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the NTA are unaffected by any anything in the Alternative Future Acts Regime (Schedule E of the ILUA).

Extinguishment

Under s 24EB(3) of the NTA any activity
which may be inconsistent with native title rights and interests does
not extinguish those interests; instead, they are revived when the
activities are finished


Future act provisions

The parties agree that future acts (apart from Intermediate Period Acts) done in the Part A Area prior to 1 January 1994 and before 14 August 2017, that were done invalidly due to the existence of native title, are valid. The same is true for future acts done in the Part B Area done after 1 January 1994 and before this ILUA is signed by all the parties.

It is also agreed that any acts done in the Part A Area after 14 August 2017 and before the Western Bundjulung Settlement ILUA was registered are also valid.

It is also agreed that any acts done in the Part B Area on and after the date this ILUA was signed by all parties and before this ILUA was registered, are also valid.

A redacted version of Schedule E is attached below under documents.

Schedule E defines what each of the types of acts entails and what must be done by parties to permit the act.

The Ngullingah Jugun (Our Country) Aboriginal Corporation has an opportunity to comment on or discuss the act.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Western Bundjalung People Part A and Western Bundjalung People Part B.


Related Entries

Agreement
  • Western Bundjalung People v Attorney General of New South Wales [2018] FCA 970
  • Torrens & Ors on behalf of the Western Bundjalung Traditional Owners v Attorney General of New South Wales [2017] FCA 992
  • Western Bundjalung Settlement ILUA
  • Organisation
  • National Native Title Tribunal
  • NTSCorp Limited
  • Jana Ngalee Local Aboriginal Land Council
  • Ngullingah Jugun (Our Country) Aboriginal Corporation RNTBC - Signatory
  • Clarence Valley Council
  • Glen Innes Shire Council
  • Kyogle Council
  • Richmond Valley Council
  • Tenterfield Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Western Bundjalung People
  • Attorney General of New South Wales - Signatory
  • Minister administering the Fisheries Management Act 1994 (NSW) - Signatory
  • Minister administering the National Parks and Wildlife Act 1974 (NSW) - Signatory
  • Torrens and others on behalf of the Western Bundjalung People - Signatory
  • Minister administering Part 6 of the National Parks and Wildlife Act 1974 (NSW) - Signatory
  • Minister administering the Crown Land Management Act 2016 (NSW) - Signatory
  • Secretary of the agency responsible for the administration of the National Parks and Wildlife Act 1974 (NSW) - Signatory
  • Torrens and others on behalf of the Western Bundjalung People - Signatory
  • Secretary of the agency responsible for the administration of Part 6 of the National Parks and Wildlife Act 1974 (NSW) - Signatory
  • Secretary of the agency responsible for the administration of the National Parks and Wildlife Act 1974 (NSW) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for NI2020/002 - ( PDF | 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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