Agreements, Treaties and Negotiated Settlements Project

Yandruwandha Yawarrawarrka Fishing Indigenous Land Use Agreement (ILUA)
Date:	5 March 2010
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Innamincka
State/Country:	South Australia, Australia
	The ILUA covers the waters of the whole area within the outer boundary of the Yandruwandha/Yawarrawarrka Native Title Claim (Federal Court File No: SAD6024/98). This claim extends over approximately 40,304 square kilometres in North East South Australia, in and around the town of Innamincka. The ILUA area includes the Coongie Lakes National Parks and parts of the Strzleki Regional Reserve. It encompasses parts of Cooper Creek, a recognised fishing area.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 March 2010. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No. SI2008/004.
Subject Matter:	Fishing
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/SI2008.004/ILUARegisterExport.pdf
Summary Information:
The Yandruwandha Yawarrawarrka Fishing ILUA was agreed between: - the Attorney General for the State of South Australia; - Leslie Harris, Fay Nicholls, Theresa Bottrell, Aaron Paterson, Anita Paterson and Fredrick Brown for and on behalf of the Yandruwandha Yawarrawarrka People (Aboriginal Corporation); - Yandruwandha Yawarrawarrka Traditional Land Owners; - the Minister for Environment and Conservation; - the Minister for Agriculture Food and Fisheries. The purpose of the ILUA is to establish a 'Management Plan' that regulates the Yandruwandha Yawarrawarrka people's traitional fishing rights.
Detailed Information:
This ILUA provides for the establishment and implementation of a 'Management Plan' pursuant to the Fisheries Management Act 2007 (SA). This Management Plan regulates the rights of the Yandruwandha Yawarrawarrka people to conduct fishing activities within the ILUA area. The specific details of the Management Plan are not provided within the National Native Title Tribunal Register Extract. It does however appear that the Management Plan may be subsequently amended. The parties agree that all future acts carried out in accordance with the Management Plan are valid. They also agree that no compensation will be payable for acts carried out under the ILUA and the Management Plan. The parties agree that the future act provisions of the Native Title Act 1993 (Cth) do not apply to the establishment and implementation of the Management Plan. The parties also agree that native title rights and interests will not be extinguished upon the doing of any of the abovementioned valid future acts. Native Title in the ILUA Area The ILUA area is located within the claim area of the currently active Yandruwandha/Yawarrawarrka Native Title Claim (Federal Court File No: SAD6024/98). The application for this claim was originally filed with the National Native Title Tribunal on 8 January 1998. Since then, a number of ILUAs regarding the claim area have been negotiated. Some of these have been negotiated with the State of South Australia and pastoralists whilst others have been negotiated with industry.