Watarrka National Park and Leaseback Area Indigenous Land Use Agreement (ILUA)
|Date: ||3 October 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Southwest of Alice Springs|
|State/Country:||Northern Territory, Australia|
|The ILUA area is located 330 kilometres southwest of Alice Springs, not far from Hermannsburg. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'The Park means all that parcel of land near Temple Downs in the Northern Territory of Australia containing an area of 105600 hectares more or less being the whole of Northern Territory Portion 2214 more particularly delineated on Survey Plan CP4527 lodged with the Surveyor General, Darwin.' The ILUA area falls within the Central Remote Regional Council ATSIC region.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal No.: DI2004/035.|
|Subject Matter:||Environmental Heritage | Future Act | Land Management | Land Transaction | Land Use | Native Title|
|Summary Information: |
|The Watarrka National Park and Leaseback Area Indigenous Land Use Agreement (ILUA) was made between the Central Land Council and the Northern Territory of Australia to clarify the future title and management of the Watarrka National Park and Leaseback 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.|
|Detailed Information: |
|The Watarrka National Park and Leaseback Area is listed under Schedule 2 of the Parks and Reserves (Framework for the Future) Act 2003 (NT). This means that the tenure of the ILUA land is changed to 'park freehold title' and is granted to a Park Land Trust (section 9). The land is then leased back to the Northern Territory Government for a minimum period of 99 years. The Act also stipulates the implementation of a joint management agreement.
Under the ILUA, the parties consent to the granting of Park freehold title in accordance with the Act (as above), and the grant of a lease over the Park to the Northern Territory. The Northern Territory Government and the Central Land Council also agree to the execution of a joint management plan for the Watarrka National Park and Leaseback Area. The parties consent to any action permitted in accordance with the lease and under the Joint Management Plan, regardless of whether these actions are 'future acts'.
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 2003 (NT) (regarding the grant of fee simple title), and to otherwise deal with native title issues in respect of the scheduling of the park as Aboriginal land under the ALRA, the lease of the park to the Northern Territory Government, the execution of the Joint Management Deed and actions taken in accordance with the Plan of Management for the Park.|