Melacca Swamp Conservation Area Indigenous Land Use Agreement (ILUA)
|15 November 2005
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|East of Darwin
|Northern Territory, Australia
|The ILUA area is located northeast of Darwin. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: '1. All that parcel of land near Melacca Swamp in the Hundred of Paton, Northern Territory of Australia containing an area of 1708 hectares more or less being Section 3 more particularly delineated on Survey Plan S83/231C lodged with the Surveyor General, Darwin.
2. All that parcel of land near Melacca Swamp in the Hundred of Hutchison, Northern Territory of Australia containing an area of 607.1 hectares more or less being Section 10 more particularly delineated on Survey Plan S83/231C lodged with the Surveyor General, Darwin.' The ILUA area falls within the Yilli Rreung Regional Council ATSIC area and the Ltchfield Shire Council area.
|Registered with the National Native Title Tribunal
|National Native Title Tribunal No. DI2004/049.
|Environmental Heritage | Future Act | Land Management | Land Use | Native Title
|The Melacca Swamp Conservation Area Indigenous Land Use Agreement (ILUA) was made between the Northern Land Council, the Northern Territory of Australia and the Native Title Parties to clarify the future title and management of the Melacca Swamp Conservation Area.
This ILUA is one of 31 agreements signed over parks and reserves in the Northern Territory. The agreements were developed following the High Courtís decision in Western Australia v Ward, which found that the Keep River National Park had not been properly established. In response, the Northern Territory government pursued ILUAs and joint management agreements to resolve tenure disputes and management of the parks. These agreements were negotiated from 2002 to 2005, during which time the Parks and Reserves (Framework for the Future) Act 2003 (NT) was also passed. These arrangements aim to settle all native title issues in Northern Territory national park areas.
|The Melacca Swamp Conservation Area is listed under Schedule 3 of the Parks and Reserves (Framework for the Future) Act 2003 (NT). This means that no change in tenure is required to bring the Reserve in line with new arrangements for Northern Territory National Parks. However, the Act does require a joint management agreement to be implemented.
Under the ILUA, the parties consent to the execution of a joint management agreement for the Melacca Swamp Conservation Area. The Northern Territory Government and the Northern Land Council agree to manage the Reserve in accordance with Joint Management Principles. The Parties consent to any action permitted in the Joint Management Plan, regardless of whether these actions are 'future acts'. Reference is also made to agreement regarding compensation and use of the Conservation Area.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
The purpose of the ILUA is to satisfy the conditions set out in s 10(1)(b) of the Parks and Reserves (Framework for the Future) Act, and to otherwise deal with native title issues in respect of the execution of the Joint Management Deed and actions taken in accordance with the Plan of Management for the Conservation Area.