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Red Gum Store Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 January 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 2 and 3 of the Agreement, as two sections of land from MacDonald Downs Pastoral Lease Area (NT Portion 3120):

  • the Red Gum Store area - NT Portion 7455(A);
  • the Corporation land area - NT Portion 7496(A).
State/Country:Northern Territory, Australia
The area is within the jurisdiction of the Central Desert Regional Council
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 31 January 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: DI2017/002
Subject Matter:Compensation | Land Transaction | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2017/002
Summary Information:

The Red Gum Store Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • the Central Land Council;
  • Malcolm McLeod Chalmers & Camarca Pty Ltd as Trustee for the Chalmers Family Trust;
  • the Northern Territory of Australia;
  • Thylungra Cattle Co Pty Ltd as Trustee for the Thylungra Trust.

The agreement area covers two sections about 6 sq km in total, 14 km and 24 km south wast of Kurrajong within the  MacDonald Downs Pastoral Lease area (NT Portion 3120).

The purpose of the agreement is to resolve all native title issues arising from the excision of the Red Gum Store Area (approx. 1.7 sq kms) and the surrender of the Tyerreng Aboriginal Corporation Land (approx. 378.5 hectares) from the MacDonald Downs.

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

Detailed Information:

Commencement:

This agreement commences on the first day all parties have signed the agreement.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1999 (Cth) do not apply to any of the agreed acts.

Extinguishment

The parties consent to the surrender of the existing native title rights and interests in the land to the Northern Territory and acknowledge that this effects a complete extinguishment of all native title rights and interests in the Red Gum Store area and the Tyerreng Aboriginal Corporation Land area.

Future act provisions

The agreement provides consent for the excision of the Red Gum Store area and the surrender of Tyerreng Aboriginal Corporation land from MacDonald Downs, and the fee simple grants of those lands by the Northern Territory to Chalmers and the Tyerreng Aboriginal Corporation respectively.

The agreement also contains provisions for the native title holders to be compensated for the past impairment or extinguishment of native title and interests, and for the surrender of native title as brought about by this agreement.


Related Entries

Organisation
  • National Native Title Tribunal
  • Central Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Malcolm McLeod Chalmers & Camarca Pty Ltd as Trustee for the Chalmers Family Trust - Signatory
  • Thylungra Cattle Co Pty as Trustee for Thylungra Trust - Signatory
  • Tyerreng Aboriginal Corporation
  • 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 DI2017/002 as at 30/01/2018 (Red Gum Store ILUA) - ( Thumbnail | Thumbnail | Thumbnail)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | 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) | Extinguishment (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Land Transfer Agreement

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