Kneebone Community Living Area Indigenous Land Use Agreement (ILUA)

Near the border of Western Australia and the Northern Territory, northeast of Kununurra.

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.

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).

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 Northern Land Council;
• the Northern Territory of Australia; and
• the Top End (Default BBC/CLA Aboriginal Corporation RNTBC. 

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.

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:

• upon registration of this ILUA, the Northern Land Council will notify the Northern Territory Minister for Lands, Planning and the Environment (the Minister) that an Association or Aboriginal or Torres Strait Islander Corporation has been formed or approved (the Community Living Area Body) to hold the land as a Community Living Area within the meaning of the Pastoral Lands Act 1992 (NT); and
• upon receiving this notification, the Minister will publish a notice of acquisition in respect of the land under s 46(1A) of the Lands Acquisition Act (NT) which has the effect of granting the freehold title  of the Community Living Area to the Community Living Area Body.

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.

Related Entries

References

Documents

Glossary