The Cavanbah (Byron Bay) Arakwal Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:
- Attorney General of New South Wales;
- Bundjalung of Byron Bay (Arakwal) Aboriginal Corporation ICN 2663; and
- Dulcie Nicholls, Yvonne Stewart, Stanley Kay, Norman Graham, Brian Kelly, Judith Davies on behalf of the Bundjalung People of Byron Bay.
The purpose of the ILUA is to consent to agreed acts being done in the ILUA area, including public works and the management of national parks.
The Native Title Representative Body for this area is NTSCORP Limited.
Details of the Agreement:
Commencement and Termination:
The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration on 25 May 2020. The ILUA continues operating until all the parties agree in writing to its termination.
Native Title Provisions:
Right to negotiate:
As not stated otherwise in the ILUA, the parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) apply to the agreed acts.
The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests. These rights are revived when the activities are finished.
Future act provisions:
The parties agree to the doing of certain acts, including:
- the grant of a Crown lease or license over Crown land;
- emergence acts including fire suppression and prevention activities, any urgent activity required in response to bushfire, flood, or other major natural disasters;
- grant of interests necessary for an emergency occupation of land in response to major natural disaster or emergency;
- acts of remediation;
- construction of public works as defined in s 253 of the Native Title Act 1993 (Cth);
- the control of noxious species and pest animal control;
- grant of a license to hold an event;
- grant of a beekeeping interest;
- maintenance of infrastructure;
- the preparation, adoption implementation, and amendment of a management plan in relation to a national part;
- the making, amendment or revocation of any legislation in relation to the national park estate; and
- any other activities undertaken in accordance with, or incidental to, the carrying out of such activities, including the construction of public works and facilities for the purpose of the management of national park; and
- the validation of all public works that were done invalidly in relation native title before the registration date, except when the acts were done by the Commonwealth.
In relation to the agreed acts, the national park estate is defined as any land declared or reserved as a wilderness area under the Wilderness Act 1987 (NSW). Any agreed acts done after 1 January 1994 and before registration, on 25 May 2020 are validated under the ILUA.
Native Title in the Agreement Area:
The ILUA area is within the area of the native title determination Nicholls on behalf of the Bundjalung People of Byron Bay and Attorney General of New South Wales  FCA 527. (FCA file no.: NSD6020/2001, NNTT file no.: NCD2019/001).