Irlentye (Community Living Area) Indigenous Land Use Agreement (ILUA)
|Date: ||30 June 2003|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Northern Territory, Australia|
|The area of the ILUA covers the area of Irlentye Community Living Area, which is defined as Northern Territory Portion 4403 (see the map available via the Gallery link on this page). The ILUA is 15.266 square kilmetres in size and is located north east of Kulgerra in the Northern Territory, near the South Australian border. It is not within any incorporated local government area. It is within the Central Remote ATSIC region.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No: DI2003/004|
|Payments:||Compensation - The agreement states that the non-extinguishment principle applies, in which case native title rights and interests can not be compensated as they have not been extinguished by the act of the grant of the CLA. However, the agreement still states that any compensation that is payable is limited to $1.00. This statement is a secondary measure taken by the Territory to ensure it does not become liable to pay a large compensation amount if the law changes in future regarding extinguishment and compensation of native title. It is assumed that the native title parties agreed to this as the granting of an area of land for a Community Living Area is of benefit to them.|
|Subject Matter:||Native Title | Future Act | Land Transaction|
|Summary Information: |
|The Irlentye Community Living Indigenous Land Use Agreement (ILUA) allows a grant of a term Crown lease over Crown land to be made by the Northern Territory Government for the purpose of creating an Aboriginal community living area. The lease is for granted for 12 months and under the agreement is subsequently converted to a 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) (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. The ILUA also sets the amount of any compensation that may be payable, for the effect of the grant on native title rights, at a maximum of $1.00. (See Additional information link above - Compensation).
This type of land transaction is made under the Crown Lands Act 1992 (NT) and section 16 of the Miscellaneous Acts Amendment (Aboriginal Community Living Areas) Act 1989 (NT). Several other ILUAs have been made to create Aboriginal community living areas in the Northern Territory under provisions of the Pastoral Land Act 1992 (NT) and the Lands Acquisition Act 1978(NT).|