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Kneebone Community Living Area Indigenous Land Use Agreement (ILUA) | ||
Date: | 26 May 2021 | |
Sub Category: | Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act) | |
Place: | Near the border of Western Australia and the Northern Territory, northeast of Kununurra. | |
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State/Country: | Northern Territory, Australia | |
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The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as NT Portion 4533 on Survey Plan S2003/198, an area of approximately 4.7 sq km located about 19 km east of the Western Australia/Northern Territory border. It is near the western banks of Sandy Creek. For more information see the documents attached. The area is within the jurisdiction of the Victoria Daly Regional Council. | ||
Legal Status: | Registered on the Register of Indigenous Land Use Agreements on 6 August 2021. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth). | |
Legal Reference: | National Native Title Tribunal file no.: DI2021/002. | |
Subject Matter: | | Land Transaction | Native Title | |
URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2021/002 | |
Summary Information: | ||
The Kneebone Community Living Area Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between:
The purpose of the ILUA is to provide for the creation of an Aboriginal association or corporation, to hold the freehold title of a community living area for the Aboriginal community of Kneebone. The Native Title Representative Body for this area is the Northern Land Council. | ||
Detailed Information: | ||
Background to the Agreement The Aboriginal community of Kneebone was established informally in 1994 when a group of families from the Keep River area set up a campsite in order to help care for Country with the consent of the Goodbidjim Native Title holders (Northern Land Council). Since then, the community has independently created housing and other facilities for the community, and has persisted in having the Kneebone Community Living Area formally recognised (Northern Land Council). Commencement and Termination This agreement operates and is binding on the parties from 26 May 2021. No end date is specified. Native Title Provisions Right to negotiate The parties agree that the right to negotiate provisions in Subdivision P, Part 2 of Division 3 of the Native Title Act 1993 (Cth) is not intended to apply to any agreed future acts. 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 under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead, they are revived when the activities are finished. Future act provisions The parties consent to the acquisition and grant of land as a community living area (whether or not those acts are future acts under the NTA). This means that the parties agree that:
Native Title in the Agreement Area The agreement area is located within the determination area of the native title determination in Carlton v Northern Territory of Australia [2011] FCA 576. |
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