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Kaurna People Native Title Settlement Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 November 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Adelaide and surrounds

State/Country:South Australia, Australia
The agreement area is within the jurisdiction of the Adelaide City Council, Adelaide Hills District Council, Alexandrina District Council, Barossa District Council, Campbelltown City Council, City of Burnside, City of Charles Sturt, City of Holdfast Bay, City of Norwood, Payneham & St Peters, City of Onkaparinga, City of Playford, City of Port Adelaide Enfield, City of Prospect, City of Salisbury, City of West Torrens, District Council of Yankalilla, Light Rural City.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 19 November 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: SI2018/004
Subject Matter:Future Act | Land Settlement | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=SI2018/004
Summary Information:

The Kaurna People Native Title Settlement Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • the Attorney-General for the State of South Australia;
  • Garth Agius and others on behalf of the Kaurna People; and
  • the Kaurna Yerta Aboriginal Corporation.

The agreement area covers about 3,470 sq km, in the vicinity of Adelaide, extending easterly from Gulf of Saint Vincent to the foothills of the Mount Lofty Ranges.

The purpose of the agreement is to wholly extinguish any native title that the Kaurna People may hold in the surrender area and to consent to the validation of any acts that the State of South Australia had done invalidly prior to the registration of this agreement.

The Native Title Representative Body for this area is South Australian Native Title Services Ltd.

Detailed Information:

Agreement area:

The agreement area covers about 3,470 sq km, in the vicinity of Adelaide, extending easterly from Gulf of Saint Vincent to the foothills of the Mount Lofty Ranges. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA in Schedule 1 of the agreement and in the Schedule 2 map. See the documents attached below.

Commencement and Termination:

The agreement was binding from the date that the last party signed it (not specified in the extract). However, the agreement was conditional upon a determination of native title in favour of the Kaurna People being made before 30 June 2018. This occurred on 21 March 2018 in the Federal Court proceeding Agius v State of South Australia (No 6) [2018] FCA 358 (FCA file no.: SAD6001/2000; NNTT file no.: SCD2018/001). At that time, clauses 5 to 9 (not specified in the extract) came into effect. The agreement then came fully into effect as an ILUA on the date it was entered onto the Register of Indigenous Land Use Agreements, that being 19 November 2018. The agreement operates indefinitely unless terminated early by mechanism of the agreement or by operation of law.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the acts consented to in the agreement.

Extinguishment

The parties agree to the surrender of native title in the surrender area, which will take place on the date of registration and will wholly extinguish native title. The corporation and the Applicants surrender to the state of South Australia their native title in any parcel of land that has been a grant of freehold title and wholly extinguish their rights.

Future act provisions

Any of the following acts that have been done in the agreement area before the registration date are validated by the agreement taking effect, these acts include:

  • the grant of freehold title;
  • the dedication or reservation of any land;
  • the proclamation of land as Reserve pursuant to the National Parks and Wildlife Act 1972 (SA);
  • the creation of any public road; and
  • the construction or establishment of any public work.

The parties also consent to these acts being done in the future after the registration date, subject to the terms of the agreement.

The parties consent to future acts that are the grant of an easement done per the Crown Land Management Act 2009 (SA), so long as they are done in compliance within section 28 of that Act.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia (FCA) proceeding Agius v State of South Australia (No 6) [2018] FCA 358. (FCA file no.: SAD6001/2000, NNTT file no.: SCD2018/001). Here the Court recognised with the consent of the parties involved that the Kaurna People's native title rights and interests existed over parts of the determination area.


Related Entries

Organisation
  • National Native Title Tribunal
  • Kaurna Yerta Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • National Parks and Wildlife Act 1972 (SA)
  • People
  • Attorney-General for the State of South Australia - Signatory
  • Garth Agius & others on behalf of the Kaurna People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for SI2018/004 as at 19/11/2018 Kaurna People Native Title Settlement ILUA - ( Thumbnail | PDF | 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 | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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