Cultana Expansion Area Indigenous Land Use Agreement (ILUA)
|Date: ||13 February 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Between Port Augusta and Whyalla|
|State/Country:||South Australia, Australia|
|The Agreement Area covers about 2,310 square kilometres and is located 30 km south west of Port Augusta, in the vicinity of (but excluding) Iron Knob and extending 82 kilometres north west of Whyalla in the State of South Australia.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 June 2013. |
|Legal Reference: ||National Native Title Tribunal File No.: SI2013/001 |
|Subject Matter:||Defence | Housing, Construction and Infrastructure|
|Summary Information: |
|The Cultana Expansion Area Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- the Commonwealth of Australia (applicant);
- the State of South Australia; and
- Mr Barry Croft, Mr Eliot McNamara, Mr Howard Richards, LD (deceased) known as the Barngarla Registered Native Title Claimants.
The purpose of this Area Agreement is to authorise the granting of leases and the construction of a desalination pipeline on the land covered by the ILUA. |
|Detailed Information: |
|Details of the agreement
The start date of the Agreement is 13 February 2013. The ILUA was registered with the National Native Title Tribunal on 28 June 2013. No end date is specified but Clause 14.2.1 provides that the agreement expires on the day before the one hundredth anniversary of the commencement of the first lease.
Terms of the Agreement
The Agreement provides for the parties' consent to certain acts. They are:
- the Commonwealth, or where relevant the State, conducting the ILUA project;
- the validity of the State of South Australia's infrastructure. This infrastructure is said to include water, gas, electricity, communications and transport;
- the grant of a pastoral lease to the Barngarla Investment Company Pty Ltd;
- the Desalination Pipeline, including the grant of any interests necessary for the construction, maintenance and operation of the pipeline within the Agreement Area.
Clause 1.2.1 defines the ILUA project as:
- the grant of a lease (or leases) by the State of South Australia to the Commonwealth and any extension, re-grant, renewal, holding over or consolidation of the lease;
- the Commonwealth acquiring one or more leases under the Lands Acquisition Act;
- the declaration of all or part of the lease area as Defence Practice Areas;
- the development, maintenance and use of the lease area for Defence purposes;
- activities on the lease area that are related to Defence, including granting access to the area;
- the grant of any approvals, permits or permissions by the State for the above project activities; and
- the doing of all acts, matters and things reasonably necessary for the above project purposes.
Native Title Provisions
Right to negotiate provisions do not apply
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
The agreed acts include future acts. The Extract notes that the parties' consent to the project and the related agreed acts includes statements of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4).
Background to the Agreement:
The Barngarla People
In 2012 Ghil'ad Zuckermann of the University of Adelaide along with the Barngarla community launched a reclamation of the Barngarla language. Professor Zuckermann specialises in language reclamation and is working with the Barngarla people to help them reclaim what he calls their 'sleeping beauty' tongue.
Native Title in the ILUA Area
The Barngarla Native Title Claim (Federal Court file no: SAD6011/1998, Tribunal file no: SC1996/004) was filed with the National Native Title Tribunal on 4 April 1996. It is currently a registered, active claim, and covers approximately 41987 square kilometres in the region of Eyre Peninsula/Gawler and Flinders Ranges.
Additionally, Native Title was successfully granted to the Gawler Ranges people on 19 December 2011. All members of the claim group identified either as members of the Barngarla or the Kokatha Peoples.