Todmorden Pastoral Indigenous Land Use Agreement (ILUA)
|Date: ||29 March 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||South Australia, Australia|
|The ILUA is located at Todmorden Cattle Station, approximately 900 kms north-west of Adelaide between Marla and Oodnadatta. The area falls within the Nulla Wimila Kutju Regional Council and an Unincorporated Local Government Area.
The ILUA covers the land and waters within the Todmorden Pastoral Lease and the external fence line of the area, as depicted on plan GP 62/2004. However, the ILUA does not include any public roads, Sections 1518 and 1519 Out of Hundreds, or Section 1520 Out of Hundreds.
Furthermore, the satellite ground station and associated power line and track (Crown Licence number 17676 under the Crown Lands Act (1929)) is included in the ILUA area, although management and responsibility for these facilities is undertaken by Air Services Australia.|
|Legal Status: ||Registered on the National Native Title Tribunal R|
|Legal Reference: ||National Native Title Tribunal File No: SI2002/002|
|Alternative Names:||Yankunytjatjara / Antakarinja People Todmorden Station Indigenous Land Use Agreement (ILUA)|
|Subject Matter:||Consultation | Cultural Heritage | Employment and Training | Future Act | Land Use | Native Title | Pastoral Activities | Recognition of Traditional Rights and Interests|
|Summary Information: |
|An Indigenous Land Use Agreement (ILUA) was signed between the Yankunytjatjara / Antakarinja People, the lessees of Todmorden cattle station and the South Australian Government on 15 March 2004 and registered with the National Native Title Tribunal on 29 March 2005. The ILUA provides for the protection of cultural sites and gives certainty for both traditional and pastoral activities to continue, as well as providing a foundation for further communication between the signatories.|
|Detailed Information: |
|Access for Traditional Activities
In accordance with s 47(1) of the Pastoral Land Management and Conservation Act 1989 (SA), traditional owners have the right to enter, travel across and stay on Todmorden and carry out and enjoy traditional activities on that land. In carrying out traditional activities, the traditional owners must give oral or written notice to the pastoral lessees about, amongst other things, the approximate number of people entering the land; the name and relationship of non-Aboriginal invitees; the place to be visited; the length of stay; the location of a proposed camp; whether hunting is proposed and the names of the licensed firearm holders.
In carrying out these activities, the traditional owners must follow the reasonable direction of the Pastoral lessees, and carry out any burial in accordance with a Burial Protocol. In addition, there should be no interference with stock, buildings, infrastructure, station facilities etc. The Pastoral lessees and others shall respect the privacy of the traditional owners while on Todmorden, as the traditional owners shall respect the privacy of the Pastoral lessees.
Under the agreement the Pastoral lessees respect and acknowledge the need to protect areas of Aboriginal significance and heritage in accordance with Aboriginal heritage legislation, and will negotiate an arrangement with the traditional owners about the management of such protection.
Meetings and Communication
The Pastoral lessees and representative of the Yankunytjatjara / Antakirinja people and other traditional owners will meet every six months to discuss the operation of the agreement.
Employment and Training
The Pastoral lessees will consider any training, employment and contractual opportunities that might be available to traditional owners on Todmorden.
Where an activity is considered a ‘future act’, the Pastoral lessees must notify the traditional owners in writing and confer with the nominated Yankunytjatjara / Antakirinja representative.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to these 'future acts' as the alternative consultation provisions are to be followed instead.
Consultation about Land Use
If the State, Yankunytjatjara / Antakirinja, or the Pastoral lessees have a proposal that may alter any of the rights set out in the ILUA, that party must give notification in writing and properly confer with the other parties with respect to the proposal.
The parties must attempt to resolve a dispute if it arises, but in the event that a solution is not found an independent mediator will be employed.
The Agreement is subject to review on the expiry of four years and nine months from the date of commencement, and again on the expiry of 10 years from the date of commencement.
The Pastoral lessees must not transfer, assign, sub-let or otherwise deal with the land or any of their rights unless there is notice in writing and they enter a Deed of Assumption.
No civil liability attaches to the lessee or to Yankunytjatjara / Antakirinja for any damage or loss that is caused whilst on the pastoral lease.|