The agreement area covers about 66 sq km, and is located approximately 17 km southeast of Cowell and extends about 18 km southerly into the Spencer Gulf from the high water mark. See attached part F item 12 of the agreement for a detailed description of the external boundary of the agreement area and attachment 2 for a map of the area.
The agreement commenced operating on 9 August 2017, that being the date on which the last of the parties signed the agreement. The agreement will continue operating for an indefinite period.
Native Title Provisions:
Right to negotiate
The parties agree that the right to negotiation provisions contained in the Native Title Act 1993 (Cth) do not apply to the acts to which they have consented to in the agreement.
The agreement includes the surrender of any native title rights and interests in allotment 5 of deposited plan 88637 to the State. Therefore, from registration on 26 April 2018 the parties agree that the native title rights and interests in this area is permanently extinguished.
However, the non-extinguishment principle applies to any agreed acts in the remaining agreement area. This means that any of the activities authorised by this agreement which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished.
Future act provisions
The parties consent to non-native title parties doing the following agreed acts:
- the making of regulations under the Harbors and Navigation Act 1993 (SA) to declare any of the agreement area to be a harbor;
- the making of regulations under the Harbors and Navigation Act 1993 (SA) to constitute any of the agreement area as a port;
- the Minister for Transport entering into a Port Operating Agreement;
- the creation of new or amended leases to enable the development of a harbor and port in the agreement area; and
- any other act or activity necessary for the construction and operation of a harbor and port on the agreement area.
Native Title in the Agreement Area:
The agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2)  FCA 724. (FCA File No.: SAD6011/1998, NNTT File No.: SCD2016/001).