The River Murray and Crown Lands Indigenous Land Use Agreement (ILUA)
|Date: ||18 November 2011|
|Date To: ||Not specified|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||South Australia, Australia|
|The ILUA covers the local government regions of Berri Barmera District Council, Mid Murray District Council, Renmark Paringa District Council, Southern Mallee District
Council, Unincorporated Areas - SA, Coorong District Council, Karoonda East Murray District Council, Loxton Waikerie District Council, Murray Bridge Rural City. |
|Legal Status: ||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 16 May 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||Tribunal file no: SI2011/025 |
|Subject Matter:||Future Act | Land Management | Land Use | Native Title | Native Title - Extinguishment | Recognition of Traditional Rights and Interests|
|Summary Information: |
|The River Murray and Crown Lands Indigenous Land Use Agreement (ILUA) is an agreement between:
- The Attorney-General for the State of South Australia (applicant); and
- the Minister for Sustainability, Environment and Conservation;
- the Minister for Water and the River Murray;
- the Minister for Agriculture, Food and Fisheries;
- Dorothy Turner, Mark Agius, Jean Agius, Denise Varcoe, Jim Abdulla, Loretta Smith, George Tripp, Gladys E Sumner and Glenda Rigney on behalf of the First Peoples of the River Murray and Mallee Region;
- The River Murray and Mallee Aboriginal Corporation;
- South Australian Native Title Services Ltd.
The purpose of this agreement is to state the manner of exercise of the native title and traditional rights and any full and final compensation benefits.|
|Detailed Information: |
|Details of the Agreement
The ILUA commenced on 18 November 2011.
What parties have agreed to includes:
- the acknowledgment of Traditional Rights by the State and their exercise in accordance with this ILUA is in substitution for the right to enjoy and exercise native title rights and interests which may exist in relation to any land within the ILUA area.
- where the First Peoples exercise any native title rights to hunt, fish, gather or do a cultural or spiritual activity, they agree to comply with any restriction or prohibition of those rights of which reasonable notice is given to the Corporation. This agreement is a Future Act that is consented to and validated by the parties.
- the adding of any consent determination land is a Future Act that wholly affects native title rights and interests. Those rights and interests are wholly suppressed and any compensation for this suppression will be covered by this ILUA.
- where there is any emergency situation within the ILUA Area: the State may take such measures as it considers necessary in the circumstances; these measures the State can take are valid Future Acts and the non-extinguishment principle applies.
- section 97 Hundred of Parcoola and section 607 Hundred of Moorook is dedicated as a wetland reserve under the care, control and management of the Corporation. This dedication is a valid Future Act.
- certain specified land parcels are to be established as the Lake Bonney Recreational and Aboriginal Heritage Purposes Reserve under the joint care, control and management of the Corporation and the District Council. This establishment is a valid Future Act.
- certain estate and interest in land is to be transfered from the State to the Corporation and the First Peoples are to surrender to the State all of their native title rights and interests in relation to that transfered land.
- Part 2 Division 3 of the Native Title Act 1993 (Cth), concerning the validity of past acts, continues to apply in relation to the consent determination land: with respect to the grant of a freehold or leasehold interest where the grant is not a Notifiable Act; with respect to the grant of a right to mine; with the respect to the compulsory acquisition of any native title rights in certain circumstances.
- all low impact Future Acts on consent determination land are consented to and are valid Future Acts.
- all Future Acts done by the State that have already been done invalidly within the ILUA Area before the commencement date are valid and taken always to have been valid.
- the State can exercse all Future Acts within the ILUA Area. However, this does not imply permission to do acts which may affect Aboriginal Heritage and that would otherwise contravene legislation.
- the First People surrender surviving native title rights and interests over land where any miscellaneous lease for grazing and cultivation has been granted at any time in the ILUA Area, apart from such leases granted on consent determination land. This surrender of native title rights and interests extinguishes these rights and interests.
Native Title in the ILUA Area
The ILUA commenced on the same day the Native Title determination was made in favour of the First Peoples of the River Murray and Mallee.
The land use agreement negotiations began between the Local Government and the First Peoples claim group began in 2006, 6 years after the Native Title Claim was registered.