Adnyamathanha Mineral Exploration Indigenous Land Use Agreement (ILUA)
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||South Australia, Australia|
|The ILUA covers the land and waters that fall within the Adnyamathanha Consent Determination area except for the following areas: Vulkathunha Gammon Ranges National Park; Hundred of Parachilna Section 85 (Vakutu); Out of Hundreds (Copley) Sections 439 and 488 (Nepabunna); Out of Hundreds (Copley) Block 1219 (Nantawarrina).|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 June 2012. This an authorised Area Agreement under the Native Title Act .|
|Legal Reference: ||National Native Title Tribunal File No. SI2012/005|
|Subject Matter:||Access | Exploration | Future Act | Land Use | Mining and Minerals | Native Title | Oil and Gas|
|Summary Information: |
|The Adnyamathanha Mineral Exploration Indigenous Land Use Agreement (ILUA) is a body corporate agreement between:
- The Attorney-General and the Minister for Mineral Resources and Energy (applicant);
- Adnyamathanha Traditional Lands Association;
- South Australian Native Title Services;
- South Australian Chamber of Mines and Energy.
The purpose of the ILUA is to allow for mineral exploration on native title land.|
|Detailed Information: |
|Details of the Agreement
Most clauses commenced 21 June 2012. These clauses will continue until the later of either the expiring of the acceptance term; or the date upon which all of the accepted exploration contracts have expired or have been terminated.
The other clauses commence on the date of execution of the ILUA. These clauses continue until either 12 months after the execution of the ILUA if registration of the ILUA has not occured by that time; or the date on which all of the accepted exploration contracts have expired or have been terminated.
The parties consent to the carrying out of certain future acts. They consent to the granting of exploration tenements and the carrying out of certain exploration activities under each exploration tenement. The parties' consent, however, is subject to certain exploration contract conditions.
Right to Negotiate and Non-Extinguishment
The parties agree that the right to negotiate procedure established in the Native Title Act does not apply. They also agree that the non-extinguishment principle established in section 238 of the Native Title Act does apply to the future acts consented to.
Native Title in the ILUA area
The Adnyamathanha Mineral Exploration Indigenous Land Use Agreement (ILUA) arises pursuant to the successful Adnyamathanha Consent Determination; Adnyamathanha No. 1 Native Title Claim Group v The State of South Australia (No 2)  FCA 359. The court gave effect to the consent determinations on 30 March 2009.|