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Barkandji Interim Licences Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 November 2018
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act) | Interim Agreement
Place:


State/Country:New South Wales , Australia
The agreement area is within the jurisdiction of the Balranald Shire Council, Bourke Shire Council, Broken Hill City Council, Central Darling Shire Council, Cobar Shire Council, Wentworth Shire Council, Unincorporated Far West.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 20 November 2018. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: NI2018/007
Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2018/007
Summary Information:

The Barkandji Interim Licences Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Minister administering the Crown Lands Act and Barkandji Native Title Group Aboriginal Corporation (RNTBC).

The agreement area covers about 712 sq km in Western NSW extending from the NSW/SA state border in the west to Ivanhoe in the east and from the NSW/VIC state border in the south to 75km south from the NSW/QLD border.

The purpose of the agreement is to make provisions for the use of land that has previously been subject to a licence granted by the Crown Lands Minister, where the licence has been terminated and has not yet been reissued, for the five year period following the registration of the agreement.

The Native Title Representative Body for this area is NTSCORP Limited.

Detailed Information:

Agreement area:

The agreement area covers about 712 sq km in Western NSW extending from the NSW/SA state border in the west to Ivanhoe in the east and from the NSW/Vic state border in the south to 75km south from the NSW/QLD border. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule A, attachment A2 of the agreement, as all the lands and waters within areas where native title has been determined to exist within the Barkandji Traditional Owners #8 consent determination area.

Termination:

This ILUA ceases on the 20 November 2023.

Native Title Provisions:

Future act provisions
The parties consent to the Crown Land Minister re-issuing the remaining terminated licences to the former licensees for a period of up to five years from the date the agreement is entered onto the Register of Indigenous Land Use Agreements.

The parties also consent to the former licensee using and occupying the land from the date this agreement is registered to the date that the terminated licence is validly re-issued under the Native Title Act 1993 (Cth) or under this agreement. The former licensee cannot continue to use and occupy the land beyond five years from the date that this agreement is registered without having the licence re-issued.

The parties agree to the validation of the former licensee's use or occupation of the terminated licence land that occurred prior to the date this agreement was registered. 

Where the procedures set out in Schedule C of the agreement are complied with, the parties consent to the doing of future acts that are covered by the Alternative Future Acts Regime (AFAR) as set out in Schedule C of the agreement. (Schedule C is not included in the NNTT extract). The AFAR provisions may not operate beyond five years after the registration date of the agreement.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia (FCA) proceeding Barkandji Traditional Owners #8 (Part A) v Attorney-General of New South Wales [2015] FCA 604. (FCA file no.: NSD6084/1998, NNTT file no.: NCD2015/001).

Related Entries

Agreement
  • Barkandji Traditional Owners #8 (Part A) v Attorney-General of New South Wales [2015] FCA 604
  • Organisation
  • National Native Title Tribunal
  • Barkandji Native Title Group Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Crown Lands Act 1989 (NSW)
  • People
  • Minister administering the Crown Lands Act - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the register of Indigenous Land Use Agreements for NI2018/007 as at 20/11/2018 Barkandji Interim Licences 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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