Back to search results

printable versionPrint this page

Andamooka Pecious Stones Field Agreement Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 May 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Northwest of Lake Torrens

State/Country:South Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approx. 263 sq km located in the vicinity of Andamooka, 19 km north of Roxby Downs and 28 km northeast of Woomera. For a detailed map of the area see Schedule 2 of the ILUA attached below under documents. The area is an unincorporated area.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 May 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: SI2019/001
Subject Matter:Future Act | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=SI2019/001
Summary Information:

The Andamooka Precious Stones Field Agreement Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Minister for Energy and Mining for the State of South Australia and the Kolkatha Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to provide consent for opal mining in the ILUA area.

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 commences on the registration date, 7 May 2019, and will continue until it is removed from the Register of Indigenous Land Use Agreements in accordance with s 199C of the Native Title Act 1993 (Cth) (NTA).

The ILUA may be terminated by the written agreement of the parties. The parties must then jointly apply to have the ILUA removed from the Register for the termination to be effective.

Native Title Provisions

Right to negotiate:

The parties agree that the right to negotiate provisions of the NTA to not apply to the agreed future acts.

Extinguishment

The non-extinguishment principle applies. This means that, under s 24EB(3) of the NTA, any of the activities authorised under this agreement that may be inconsistent with native title rights and interests will not extinguish them. Instead, they will be revived after the activities are finished.

Future act provisions

The parties consent, within the area marked A on the map, to the following activities:

  • the registration of precious stones tenements under s 20 of the Opal Mining Act 1995 (SA);
  • the renewal of precious stones tenements under s 22 of the Opal Mining Act 1995 (SA); and
  • opal mining operations being carried out under precious stones prospecting permit or in relation to a precious stones tenement.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Starkey on behalf of the Kokatha People v South Australia [2014] FCA 924 (Kokatha People Part A) (NNTT file no.: SCD2014/004; FCA file no.: SAD90/2009).


Related Entries

Agreement
  • Starkey on behalf of the Kokatha People v State of South Australia [2014] FCA 924
  • Organisation
  • National Native Title Tribunal
  • Kokatha Aboriginal Corporation RNTBC - Signatory
  • 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)
  • Opal Mining Act 1995 (SA)
  • People
  • Minister for Energy and Mining for the State of South Australia - Signatory
  • Kokatha People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for SI2019/001 as at 7/6/2020 (Andamooka Precious Stones 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)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey