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Swan Yard (Community Living Area) Indigenous Land Use Agreement (ILUA) |
| Date: | 28 July 2004 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | Swan Yard community |
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| State/Country: | Northern Territory, Australia |
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| The ILUA and the community living area cover Northern Territory Portion 6287 (identified from Survey Plan Number S.2003/3), which is a parcel of land in the north west of the Northern Territory. The area is not within any incorporated local government area. It is within the Garrak-Jarru ATSIC region. |
| Legal Status: | Registered with the National Native Title Tribunal | |
| Legal Reference: | National Native Title Tribunal File No: DI2004/007 | |
| Subject Matter: | Native Title | Land Transaction | Future Act | Land Use |
| Summary Information: | |
The Swan Yard Community Living Area Indigenous Land Use Agreement allows a section of land to be purchased by the Northern Territory Government for the purpose of creating an Aboriginal community living area. Without the ILUA, the transaction in the land may have been subject to the future act and right to negotiate provisions of the Native Title Act 1993 (Cth) (the NTA).
The parties agree that the land transaction will not extinguish any native title rights and interests that may exist in the area - that is, the 'non-extinguishment principle' of the NTA applies.
This type of land transaction falls under Part 8 of the Pastoral Land Act 1992 (NT) and section 46(1A) of the Lands Acquisition Act 1978 (NT). Several other ILUAs have been made to create Aboriginal community living areas in the Northern Territory. |
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Swan Yard Community Living Area Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)
