|Date: ||1 January 1995|
|Sub Category:||Exploration Agreement (Native Title Act) | Framework Agreement|
|Place:||Wellington Common, central western NSW|
|State/Country:||New South Wales, Australia|
|Legal Reference: ||National Native Title Tribunal. Application No. NN|
|Alternative Names:||Wellington Common Agreement|
|Subject Matter:||Cultural Heritage | Land Management | Mining and Minerals | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests | Exploration | Native Title|
|Summary Information: |
|The Wellington Common Agreement was the first agreement mediated in Australia under the Native Title Act 1993 (Cth). The Wiradjuri Wellington Aboriginal Town Common Committee (Aboriginal Corporation), together with other individual Aboriginal claimants, made a Native Title application to the National Native Title Tribunal in 1994. The Wellington Common Agreement was entered into following mediation under the Native Title Act 1993, the parties being:
· The Wiradjuri Wellington Aboriginal Town Common Committee (Aboriginal Corporation)
· The Trustees of the Wellington Town Common
· The Wellington Council
· The Nanima Progress Association
· The Wellington Aboriginal Corporation
· CRA Exploration Pty Ltd (now Rio Tinto Exploration Pty Ltd)
· NSW Aboriginal Land Council|
|Detailed Information: |
|The Agreement arose out of the need to resolve competing interests in the Common. The main terms of the Agreement are:
· All parties acknowledge the responsibility of the Wiradjuri people to speak for and protect their traditional land; that use and occupation of the land is by permission of the Wiradjuri people; and that the common is part of their traditional land.
· The Applicants acknowledge and agree to respect the rights of non-Aboriginal people over the lands.
· The parties assert their desire to promote mutual respect between Aboriginal and non-Aboriginal people and to promote harmonious community relations.
· The Applicants agree that their application for Native Title to the Wellington Common does not affect: existing rights and powers of the Trustees of the Common; access to certain areas by members of the public; existing or renewed leases in favour of the Nanima Progress Association; and existing rights of CRA Exploration Pty Ltd under existing or renewed exploration licences.
· The Wiradjuri people are not to be hindered in their access to the common and are entitled to use the common for their traditional pursuits and for education of young Wiradjuri people.
· The Trustees undertake to consult the Wiradjuri people about management of the common and agree to have regard to a consultative committee of three representatives of the Wiradjuri people.
· The Wellington Council will assist the Applicants and the Trustees to manage the recreational use by the public of the common and associated riverbank, to maintain certain roads, and to assist the applicants to use the common for the purpose of cultural education, traditional medicine collection, and maintenance of historic and cultural artefacts.
· CRA Exploration Pty Ltd undertakes to consult with the Applicants and the trustees before commencing any works on the common under its exploration licence and to have regard to the concerns of the Applicants and the Trustees in relation to rehabilitation following exploration.
· The parties to this Agreement, other than the Applicants and the New South Wales Land Council withdraw from the application for Native Title.|