Details of the Agreement:
The Agreement commences upon registration, 10 January 2017, and continues indefinitely.
Native Title Provisions:
The non-extinguishment principle as set out in section 238 of the Native Title Act1993 (Cth) applies to all "validated future acts". This does not apply to:
- 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 Native Title land; and
- the grant of a lease which confers a right of exclusive possession over land (other than the grant of a lease of the Mount Dare Lease Area, or any part of it, pursuant to clause 15.1 and 15.2 of the Agreement)
Future act provisions
The parties agree to the validity of any public works which were constructed or established in the Agreement Area prior to this Agreement (other than those covered by the Witjira National Park ILUA). These are "validated future acts".
After the registration date of this Agreement, the Native Title Holders' consent to the State approving and/or doing future acts, on or in relation to land within the Agreement Area, is provided as follows:
- the Native Title Holders' consent to acts that are defined as "Notifiable Acts" (see below) is conditional upon the State's compliance with the Notification Process set out at Schedule 3 of the Agreement. The Extract notes that acts that take place within the Witjira National Park are not "Notifiable Acts"; and
- where the proposed act is one which could be done if the land was held as freehold, the act is not a defined "Notifiable Act" and the Native Title Holders' consent is conditional upon the Irrwanyere Aboriginal Corporation being provided the same procedural rights as would be afforded to them if they held freehold title to the land;
"Notifiable Acts" means the following proposed future acts done by the State on or in relation to the Agreement 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 Pastoral Land for a purpose other than Pastoral Purposes
- the dedication of land within the Agreement Area pursuant to the Crown Land Management Act 2009 (SA); or the revocation and re-dedication of land within the Agreement 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 Agreement Area, excluding the grant of a lease or licence under the Mining Acts;
- the constitution of land within the Agreement 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); and
- any other category of acts or activities which the Parties agree in writing should be dealt with as Notifiable Acts
The Irrwanyere Aboriginal Corporation and the Native Title Holders consent to the State granting a lease to the Corporation, or to another body acting on behalf of the Native Title Holders over the Mount Dare Lease Area, or any part of it, to the extent that the grant of such a lease is a Future Act. In the event that the Mount Dare Lease Area is added to the Park Lease, pursuant to clause 15.5 of the Park Lease, the Corporation and the Native Title Holders consent to that addition, to the extent that it is a future act.
Native Title in the Area:
The Agreement area is within the areas of native title determined in the Federal Court of Australia (FCA) proceedings:
- King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Group v the State of South Australia (FCA File No.: SAD6010/1998; NNTT File No.: SC96/3);and
- Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v State of South Australia FCA 1370 (FCA File No.: SAD66/2005; NNTT File No.: SC05/1).