Wangkangurru Yarluyandi Native Title Claim Settlement Indigenous Land Use Agreement (ILUA)
|Date: ||13 January 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located at the junction between South Australian, Northern Territory and Queensland borders|
|State/Country:||South Australia, Australia|
|The Agreement Area is located at the intersection between the South Australian, Queensland and Norther Territory borders.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 January 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:SI2014/012|
|Subject Matter:||Access | Consultation | Native Title|
|Summary Information: |
|Wangkangurru Yarluyandi Native Title Claim Settlement Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:
- The Attorney-General on behalf of the State of South Australia; and
- Wangkangurru Yarluyandi Aboriginal Corporation.
The purpose of the Agreement is to provide for the doing of certain Future Acts within the Agreement Area. |
|Detailed Information: |
This ILUA was registered with the Register of Indigenous Land Use Agreements on 15 January 2015.
The Extract does not provide a specific start or end date for the Agreement.
The Extract does, however, provide that Clauses 1 to 7 of the Agreement commence on the Execution Date. Those Clauses will continue indefinitely, subject to Clause 4.3.
The remaining Clauses of the Agreement commence on the Registration Date, being 15 January 2015 and continue indefinitely.
If the Agreement is not registered on the Register within 24 months from the Execution Date, Clauses 1 - 7 of the Agreement may be terminated by written agreement by the parties.
If the Agreement is removed from the Register, the Agreement will remain as a legally binding contract between the Parties. In particular Clauses 11, 20, 21, 22, 25, 29,
31, 32, 34 and 35 remain binding on the parties and all persons entitled to any of the benefits or compensation provided in the Agreement.
Native Title Provisions
Validation of Prior Future Acts
Clause 11 of the Agreement provides consent to the validation of all Future Acts done invalidly by the State or any other person within the Agreement Area before the Registration Date being 15 January 2015.
The validation extends to the construction or establishment of public works.
Consent to Future Acts does not extend to any land registered under the Wangkangurru Yarluyandi Parks ILUA applies. Accordingly, it does not apply to:
(a) any interests granted or renewed under the Mining Acts;
(b) the compulsory acquisition of Native Title;
(c) the grant or vesting in fee simple of an interest in Native Title Land ;
(d) the grant of a lease, licence or permit which confers a right of exclusive possession over Native Title Land.
Consent to Future Acts
For the purposes of section 24EB of the Native Title Act ('NTA') the Parties consent, subject to certain conditions, to the State approving and/or doing all Future Acts on or in relation to Native title Land within the Agreement Area after the Registration Date.
Where a Future Act is a Notifiable Act, the Wangkangurru Yarluyandi People to the State approving or doing that act or activity is conditional upon the State’s
compliance with the Notification Process. That process is set out in Schedule 3 of the Agreement. (Schedule 3 is not included in the Extract).
Where a Future Act is one which could be done if, instead of being Native Title Land the land was held as freehold, the Future Act is not a Notifiable Act. Accordingly, the consent of the Wangkangurru Yarluyandi People is conditional upon the Corporation being provided the same procedural rights as would be afforded to them if they instead held freehold title to the land.
Native Title in the ILUA Area
The Agreement Area includes the Consent Determination of the Federal Court of Australia made in favour of the Wangkangurru Yarluyandi People in relation to the Wangkangurru Yarluyandi
Native Tittle Claim on 3 October 2014. |