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Doojum CLA NT Portion 4984 Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 24 April 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

East of Kununurra and the WA/NT state border, within the Keep River National Park Extension.

State/Country:Northern Territory, Australia
The agreement area is within the jurisdiction of the Victoria Daly Regional Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 24 April 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: DI2018/001.
Subject Matter:Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2018/001
Summary Information:

The Doojum CLA NT Portion 4984 Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:

  • the Northern Land Council;
  • the Northern Territory of Australia; and
  • the Top End (Default PBC/CLA) Aboriginal Corporation.

The agreement area covers about 2.9 sq km, located approximately 45 km east-northeast of the town of Kununurra (WA) and 17 km east of the NT/WA State border.

The purpose of the agreement is to consent to acts that provide for the Top End (Default/CLA) Aboriginal Corporation acquiring the agreement area as freehold land for the purpose of a community living area.

The Native Title Representative Body for this area is the Northern Land Council.

Detailed Information:

Agreement area:

The agreement area covers about 2.9km and is located approximately 45 km east of the town of Kununurra (WA) an 17 km east of the NT/WA state border. The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per annexure A of the agreement, as comprising the entirety of NT Portion 4984 appearing on
Survey Plan S96/281. (See annexure A attached below under documents).

Commencement:

The agreement is binding from the date when signed by all the parties. It has effect as an ILUA, as in relation to the agreed acts, from its registration on 24 April 2018.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act (Cth) do not apply to the acts consented to under the agreement.

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised by this agreement which may be inconsistent with native title rights and interests do not extinguish those rights and interests, instead those native title rights and interests will be revived when the activities have ended.

Future act provisions

Dependent upon an Association or Aboriginal or Torres Strait Islander Corporation (the Community Living Area Body) gaining approval for holding the area as a community living area, the parties agree to the doing of the following acts:

  • the Community Living Area Body (the Top End (Default /CLA) Aboriginal Corporation) acquiring the area under s 46(1A) of the Lands Acquisition Act (NT); and
  • the Minister of Lands, Planning and Environment granting an estate in fee simple in the area to the Community Living Area Body (the Top End (Default /CLA) Aboriginal Corporation).

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Carlton v Northern Territory of Australia [2011] FCA 576. (FCA File No.: NTD38/2010, NNTT File No.: 2011/002).


Related Entries

Agreement
  • Carlton v Northern Territory of Australia [2011] FCA 576
  • Organisation
  • National Native Title Tribunal
  • Northern Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Top End (Default PBC/CLA) Aboriginal Corporations RNTBC - Signatory
  • Victoria Daly Shire
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for DI2018/001 as at 24 April 2018 (Doojum CLA NT Portion 4984 ILUA). - ( Thumbnail | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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