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Barngarla Determination Indigenous Land Use Agreement

Category: Agreement
Date: 16 November 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Eyre Peninsula

State/Country:South Australia , Australia
The agreement area is within the jurisdiction of the City of Port Augusta, City of Port Lincoln, The Corporation of the City of Whyalla, District Council of Cleve, District Council of Franklin Harbour, Wudinna District Council, District Council of Lower Eyre Peninsula, District Council of Streaky Bay, District Council of Tumby Bay and Unincorporated areas of South Australia
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 16 November 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: SI2018/003
Subject Matter:Mining and Minerals | Native Title | Native Title - Extinguishment
Summary Information:

The Barngarla Determination 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, Barry Croft on behalf of the Barngarla People and the Barngarla Determination Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The agreement area consists of multiple areas in the vicinity of Eyre Peninsula with a combined area of about 210 sq km.

The purpose of the agreement is to consent to the Barngarla People's surrender of their native title over the portions of land in the agreement area to the State, and to the State's issue of certificates of title over those portions.

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

Detailed Information:

Agreement area:

The agreement area consists of multiple areas in the vicinity of Eyre Peninsula with a combined area of about 210 sq km. The extract from the Register of Indigenous Land Use Agreements describes the areas subject to this ILUA in Schedule one of the agreement (attached below).

Commencement:

Clauses 4, 7, 8 and 9 of the agreement commenced on the date the last party signed the agreement. The rest of the agreement commenced on the date it was registered with the National Native Title Tribunal, 16 November 2018.

Termination:

The agreement will continue indefinitely unless terminated early via the agreement or through the effect of law.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the issue of certificates of title or to the surrender of native title.

Extinguishment

The parties agree that the surrenders of native title agreed to in this ILUA are intended to wholly extinguish the native title rights and interests over the relevant areas.

Future act provisions

The Barngarla People and the Native Title Body Corporate consent to the validating of the following acts done within the agreement area prior to the registration date of the agreement, and to the surrender of native title over the associated areas:

  • the grants of interests over various parcels of land, as specified in the extract, per s 13.1(a) of the agreement; and
  • the reservation of D75391A29 (portion) in the Hundred of Pygery and D62518A156 in the Hundred of Walpuppie, for emergency services or fire station purposes pursuant to the Crown Land Act 1929 (SA), per s 13.1(b) of the agreement.

The Barngarla People and the Native Title Body Corporate also consent, where the State gives notice that a surrender is sought, to the surrender of their native title over land that is specified as Adjacent Land (land extending from the low water mark to the nearest road or section boundary, or to 50 m from the high water mark) or Subjacent Land (land under navigable waters) when and where a certificate of title is issued.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia (FCA) proceeding Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724. (FCA file no.: SAD6011/1998, NNTT file no.: SCD2016/001).


Related Entries

Organisation
  • National Native Title Tribunal
  • The Barngarla Determination 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 1929 (SA)
  • People
  • Attorney-General for the State of South Australia - Signatory
  • Barry Croft on behalf of the Barngarla People - Signatory
  • Parnkalla People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for SI2018/003 as at 16/11/2018 Barngarla Determination Indigenous Land Use Agreement - ( 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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