Cubbitch Barta Clan of the Dharawal People Indigenous Land Use Agreement (ILUA)
|Date: ||17 August 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||New South Wales, Australia|
|The area covered by this Indigenous Land Use Agreement (ILUA) falls within the claim area of the Cubbitch Barta Clan of the Dharawal People #3 native title determination application, which is the subject of proceeding NG6111 of 1998 in the Federal Court of Australia. The ILUA area comprises 110 square metres at Helensburgh in the state of New South Wales. It falls within the jurisdiction of the Wollongong City Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 March 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). |
|Legal Reference: ||National Native Title Tribunal File No. NI2010/001|
|Summary Information: |
|This Indigenous Land Use Agreement (ILUA) was agreed between the following parties on 17 August 2010:
- the Minister for Lands in both his capacities as State Minister for New South Wales under the Native Title Act 1993 (Cth) and the Minister administering the Crown Lands Act 1989 (NSW);
- Glenda Chalker and Rebecca Chalker on behalf of the Cubbitch Barta Clan of the Dharawal People;
- Jeremy James;
- Louise Charman-James;
- Kim May Denyer; and
- Nigel Anthony Docker.
The purpose of this ILUA is to provide the native title claimants' consent for the creation of a right of access and easement for services by the Minister over the ILUA area.|
|Detailed Information: |
|Consent to future acts
Pursuant to this ILUA, the native title claimants, being Glenda and Rebecca Chalker on behalf of the Cubbitch Barta Clan of the Dharawal People, give their consent to the creation by the Minister of a right of access and an easement for services over the ILUA area.
The right of access and the easement will cover an area 4 metres wide within Lot 8, Deposited Plan 706490. They are intended to benefit Lot 1, Deposited Plan 825821, and Lot 1, Deposited Plan 816623.
Right to negotiate provisions
The parties agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) will not apply to the grant of the right of access and the easement over the ILUA area.
Background to the native title claimants and to native title in the ILUA area
The Cubbitch Barta Clan of the Dharawal People #3 native title determination application, which includes the ILUA area, was filed with the Federal Court of Australia on 14 September 1998 as proceeding NSD6111/98. The claim has been registered, and remains active.
The Cubbitch Barta ('people of the river') Clan have a connection to the Cubbitch Barta National Estate Area, which covers 18,000 hectares of land on the Woronora Plateau, approximately 30 kilometres south-west of inner Sydney (AHPI, Cubbitch Barta National Estate Area). The area has been recognised as having 'outstanding cultural and natural values'.
Glenda Chalker, who is a signatory to this ILUA, is the chairwoman of the Cubbitch-Barta Native Title Claimant Aboriginal Corporation, which was registered with the Office of the Registrar of Indigenous Corporations on 13 August 1998. Fellow signatory Rebecca Chalker is also a member of this Corporation.|