Yarna Pastoral Indigenous Land Use Agreement (ILUA)
|26 May 2009
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|South West of Lake Gairdner
|South Australia, Australia
|The ILUA area is located south-west of Lake Gairdner. It covers a total area of approximately 480 square kilometres of land known as Pastoral Lease Number 2305B in Crown Lease Register Book Volume 1287 Folio 25 (the Yarna Pastoral Lease). The ILUA area excludes all public roads.
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 May 2009. This is an Area Agreement under the Native Title Act 1993 (Cth).
|National Native Title Tribunal File No. SI2008/008.
|Access | Pastoral Activities
|The Yarna Pastoral Indigenous Land Use Agreement (ILUA) was agreed between the following parties:
- The State of South Australia;
- Lake Everard Pty Ltd; and
- Elliot McNamara, Howard Richards, Andrew Dingaman & Ken Smith (being the applicants to the Gawler Ranges native title claim (Federal Court File No. SAD6020/98)).
The purpose of this ILUA is to provide for access by the Gawler Ranges Native Title Claim Group to the ILUA area for the purpose of performing traditional activities.
|Details of agreement
Details of the terms and conditions of the ILUA are not provided in the National Native Title Tribunal ILUA Register extract (linked above). A summary of the provisions of the ILUA states that it will regulate the interaction between native title rights and interests and other rights and interests in the ILUA area. More specifically, the ILUA will 'provide for access to the agreement areas by members of the Gawler Ranges Native Title Group for the purpose of undertaking traditional activities in accordance with the terms of the agreements' (National Native Title Tribunal, 2009).
The ILUA Register extract notes that this agreement contains no statements of the kind mentioned in s 24EB(1)or s 24EBA(1) or (4) of the Native Title Act 1993 (Cth). This means that this ILUA does not:
- provide consent for the doing of any acts by non-native title parties;
- affect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; or
- validate any previous future acts.
This also means that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) applies to all acts contemplated by this ILUA.
Context of this ILUA
This agreement is one of a number of ILUAs that were registered on the same day, 26 May 2009, with the National Native Title Tribunal. It appears that all of these ILUAs deal with the same subject matter - access by the Gawler Ranges native title parties to the ILUA area.
Associated media releases indicate that this ILUA was one of 24 ILUAs signed on 14 May 2008 that deal specifically with the relationship between the rights of pastoralists and the rights of the Gawler Ranges Native Title Claim Group (see National Native Title Tribunal, 2008). These ILUAs were negotiated between 19 pastoral entities and the Barngarla and Kokatha Peoples, who make up the Gawler Ranges Native Title Claim Group.
These ILUAs cumulatively cover approximately 50,000 square kilometres of land and waters in the Gawler Ranges, which are located in South Australia's Eyre Peninsula region. The ILUAs reportedly make additional provision for:
- the protection of Aboriginal heritage and culture;
- consultation protocols between pastoralists and the native title group. Building on these protocols, members of the native title groups have been allowed to collaborate with pastoralists to enjoy and care for rock-holes in the claim area (see South Australia Native Title Services, 2010); and
- protection and use of pastoral infrastructure (see National Native Title Tribunal, 2008).
It is difficult to determine whether these additional provisions are included in this ILUA.
A number of these ILUAs are yet to be registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements.
Native title in the ILUA area
The ILUA area is located within the claim area of the currently active Gawler Ranges Native Title Claim (Federal Court File No. SAD6020/98). All members of the claim group identify as members of either the Barngarla or the Kokatha Peoples. The application for this claim was originally filed on 12 September 1997, and was amended on 15 September 1997. The claim extends over land and waters to the north of Wudinna in South Australia.