Eringa People - Crown Point Pastoral Indigenous Land Use Agreement (ILUA)
|Date: ||17 September 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Crown Point Pastoral Lease |
|State/Country:||South Australia, Australia|
|The agreement area covers all the land and waters of Crown Point Pastoral lease (excluding any existing public roads). |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 September 2012. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: SI2012/011 |
|Subject Matter:||Access | Agriculture | Pastoral Activities|
|Summary Information: |
|The Eringa People - Crown Point Pastoral Indigenous Land Use Agreement was agreed between:
- State of South Australia;
- Walka Wani Corporation RNTBC;
- Edie King, Ruth McKenzie, Howard Doolan, Dean Ah Chee and Marilyn Hull on behalf of the Eringa Native Title Claim Group;
- Panchek Pty Ltd & Costello Holdings NT Pty Ltd
The purpose of the body corporate ILUA is to provide consent to access to the ILUA area and to ensure that traditional activities do not interfere with pastoral lease activities (Gage, 2012). |
|Detailed Information: |
The ILUA extract is limited to details regarding the term of the ILUA and information regarding the right to negotiate provisions of the native title act.
The ILUA will have a probationary period of two years, after which it will run for an indefinite term.
Native Title Provisions
The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.
This means that the ILUA does not:
- provide consent for the doing of any acts by non-native title parties;
- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor
- validate any previous future acts.
Native Title in the ILUA Area
The Eringa Native Title Determination Application (No. SAD 6010 of 1998) (Eringa #1) was lodged on 13 March 1996 with the National Native Title Tribunal and the Eringa No. 2 Native Title Determination Application (No. SAD 6002 of 1999) (Eringa #2) was filed on 26 May 1999. Wangkangurru/Yarluyandi Native Title Claim (No. SAD 6016 of 1998) (the WY Claim) was filed with the Court on 21 August 1997, in relation to land and waters in northern South Australia and south-western Queensland.
A previous determination in 2008 (Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia  FCA 1370) which concerned an area of each of the Eringa #1, Eringa #2 and WY Claim areas, recognised native title rights and interests in the area.
King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia  FCA 1387 determination covered approximately 3,465 square kilometres in central northern South Australia centred approximately 75 kilometres north-east of Oodnadatta. In conjuction with King on behalf of the Eringa Native Title Claim Group v State of South Australia  FCA 1386, the determinations recognise non-exclusive native title rights and interests in an area of approximately 20,000 square kilometres for the Eringa and the Wangkangurru/Yarluyandi claim groups (SANTS, 2011).
The non-exclusive native title rights included rights with respect to accessing the native title determination area, hunting, fishing, camping and natural resources gathering as well as cultural rights to perform ceremonies, hold meetings and protect places of cultural and religious significance.