Yandruwandha/Yawarrawarrka Cordillo Downs Pastoral Indigenous Land Use Agreement (ILUA)
|Date: ||13 August 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||South Australia, Australia|
|The ILUA area comprises the whole of Pastoral Lease No. 2524 (known as Cordillo Downs Pastoral Lease). The ILUA area does not include any public roads. The ILUA area is located in the far north-east of the state of South Australia, along the border with the state of Queensland. In total, the ILUA area covers approximately 8,070 square kilometres. It falls within the area governed by the Outback Areas Community Development Trust. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 August 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). |
|Legal Reference: ||National Native Title Tribunal File No. SI2010/002|
|Subject Matter:||Access | Consultation | Fishing | Land Use | Native Title | Pastoral Activities|
|Summary Information: |
|The Yandruwandha/Yawarrawarrka Cordillo Downs Pastoral Indigenous Land Use Agreement (ILUA) was agreed between the State of South Australia, the Yandruwandha Yawarrawarrka Traditional Land Owners (Aboriginal Corporation), the Brooklands Pastoral Company Pty Ltd and Leslie Harris and others on behalf of the Yandruwandha Yawarrawarrka People. The purpose of this ILUA is to set out the Yandruwandha Yawarrawarrka People's continuing right to access and undertake traditional activities on land over which the Brooklands Pastoral Company holds a pastoral lease.|
|Detailed Information: |
|This ILUA states that the Yandruwandha Yawarrawarrka People and no other Aboriginal people continue to have rights under s 47(1) of the Pastoral Land Management and Conservation Act 1989 (SA) to enter, travel across and stay on the ILUA area, and also to carry out traditional activities on the ILUA area.
For the purposes of this ILUA, traditional activities include activities carried out in the exercise of traditional rights and interests, such as:
Hunting, fishing, gathering and using the products of the ILUA area (including water) for traditional purposes;
Staying on and moving around the ILUA area for traditional purposes;
Engaging in traditional cultural practices including various ceremonies;
Accessing, protecting and maintaining sites of significance on the ILUA area;
Cooking and lighting fires for traditional purposes (but not for clearing vegetation);and
Undertaking the "traditional pursuits" cited in s 47 of the Pastoral Land Management and Conservation Act 1989 (SA).
The parties agree that this ILUA does not prevent the Brooklands Pastoral Company (the pastoral lessee) from either employing or inviting Aboriginal persons who are not members of the Yandruwandha Yawarrawarrka People on the ILUA area. They also agree that if the Brooklands Pastoral Company receives a request for the undertaking of traditional activities on the ILUA area from Aboriginal persons who are not members of the Yandruwandha Yawarrawarrka People, it will notify the Yandruwandha Yawarrawarrka People of any approval it may choose to confer.
Background to native title in the ILUA area
The Yandruwandha Yawarrawarrka People are the registered native title claimants in proceeding SAD 6024 of 1998, filed with the Federal Court of Australia on 8 January 1998. Their native title claim covers approximately 40,304 square kilometres of land and waters in North East South Australia, therefore overlapping with the ILUA area. Their claim is currently active.