Walka Wani Settlement Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the agreement, as all the land and waters bounded by the line described in Schedule 1, and covered by the Federal Court determination King on behalf of the Eringa Native Title Claim Group v the State of South Australia [2011] FCA 1386 (National Native Title Tribunal No.: SCD2011/003)

The Walka Wani Settlement Indigenous Land Use Agreement (ILUA) was agreed between the Attorney-General for the State of South Australia and the Walka Wani Aboriginal Corporation.

The purpose of the agreement is to settle the legal status of acts done by the state of South Australia in the Eringa People's native title determination area. More specifically, the agreement validates any public works which were constructed or established prior to the agreement and also provides consent for the State to approve or do acts after the agreement's registration date, except where those acts affect the extinguishment of native title or relate to interests granted or renewed under Mining Acts.

The agreement area covers about 14701 sq km of land, located south of the Northern Territory/South Australian border, north of Oodnadatta Track and north east of Stuart Highway.

The Native Title Representative Body for this area under the Native Title Act 1993 is South Australian Native Title Services Ltd.

Details of the Agreement:

Commencement and Termination:

The agreement operates in substance from its registration date, 15 December 2016, and subject to the agreed terms in Clause 4.3, continues indefinitely.

Native Title Provisions:

Right to negotiate:

The Parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) apply. 

Extinguishment:

The parties agree that the non-extinguishment principle as set out in s 238 of the Native Title Act 1993 (Cth) applies. This means that any of the activities authorised by this agreement which may be inconsistent with native title rights and ainterests do not extinguish those rights and interests, instead rhey are revived when the activities are finished.

Future act provisions:

Within the area of native title determined in the proceeding King on behalf of the Eringa Native Title Claim Group v the State of South Australia [2011] FCA 1386:

• the parties agree that any public works done prior to this agreement, to the extent that they are invalid future acts, are now valid and always have been valid; and
• after the registration date of this agreement, the Walka Wani Aboriginal Corporation and the Eringa People consent to the State approving and/or doing all future acts within the native title determination area except for: any interests granted or renewed under the Mining Acts; the compulsory acquisition of native title rights; the grant or vesting in fee simple of an interest in land; and the grant of a lease, licence or permit which confers a right of exclusive possession over land.

Notifiable Acts:

Where a specified 'Notable Act' is done after the registration date, the consent of the Walk Wani Aboriginal Corporation and the Eringa People is conditional upon the State's compliance with the 'Notification Process' as set out at Schedule 3 of the ILUA.

'Notifiable Acts' means the following 'future acts' done by the State on, or in relation to, the native title determination area:

• earthworks (other than in the course of Mining) which may cause substantial disturbance to the land or to the bed or subsoil under waters (except where the proposed works will be entirely contained within the location of existing works or infrastructure or where the works are carried out pursuant to a valid lease or licence);
• approval under the Pastoral Land Management and Conservation Act 1989 (SA) for the use of dedicated pastoral land for a purpose other than pastoral purposes;
• the dedication of land within the native title determination area pursuant to the Crown Land Management Act 2009 (SA); or the revocation and re-dedication of land within the determination area pursuant to that act where this involves a change of the purpose for which the land is dedicated (except for a change of purpose where the effect is that an existing building or buildings on the land are to be used for a different purpose);
• the grant (other than a renewal) under the Crown Land Management Act 2009 (SA) or any other act of a lease or licence (which does not confer a right of exclusive possession) over land within the determination area, excluding the grant of a lease or licence under the Mining Acts;
• the constitution of land within the determination area as a Reserve under the National Parks and Wildlife Act 1972 (SA) or a Wilderness Protection Zone or Wilderness Protection Area under the Wilderness Protection Act 1992 (SA);
• any other category of acts or activities which the parties agree in writing should be dealt with as 'Notifiable Acts'.

Where the act is one which could be done if the land was held as freehold, the act is not a 'Notifiable Act' and the consent of the Eringa People is conditional upon the Walk Wani Aboriginal Corporation being provided the same procedural rights as would be afforded to them if they held freehold title to the land.

Native Title in the Area:

The agreement is located within the area of native title determined in the Federal Court of Australia proceedings SAD 6010 of 1998 and SAD of 2010, KIng on behalf of the Eringa Native Title Claim Group v the State of South Australia [2011] FCA 1386.

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