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Neutral Junction Locality Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 November 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements identifies the Agreement Area, per Schedules 1.1 (the Claimed Portion) and 1.2 (the Determined Portion) of the Agreement, as covering the entirety of NT Portion 4336 (the Former-North South Stock Route).

State/Country:Northern Territory, Australia
The Agreement Area is within the jurisdiction of the Central Highlands Regional Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 10 October 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Tribunal File No.: QI2016/001.
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2016/001
Summary Information:

The Neutral Junction Locality Indigenous Land Use Agreement (ILUA) was made under the Native Title Act 1993 (Cth), between:

  • the Northern Territory of Australia;
  • the Central Land Council;
  • the Kaytetye Tywerate Arenge Aboriginal Corporation Registered Native Title Body Corporate (RNTBC);
  • Norman Price Pwerle, Tommy Thompson Kngwarreye, Tommy Walkabout Thangale And Lenny Nelson on behalf of members of the Akalperre, Amakweng, Alapanp, Arlwekarr, Arlpawe, Arnerre, Arnmanapwenty, Errene/Warlekerlange, Errweltye, Kwerrkepentye, Rtwerrpe, Tyarre Tyarre and Wake Landing Groups the registered native title applicants for Native Title Determination Application NTD17 of 2011;
  • the Eynewantheyne Aboriginal Corporation RNTBC;
  • Charles Oliver Frith; and
  • Elizabeth Ann Frith.

The agreement covers an area about 50.4 sq km, approx 141 km south of Tennant Creek.

The purpose of the agreement is to provide the consent of the Native Title Parties to the surrender of any exclusive native title rights that are recognised, or capable of being recognised, to the Northern Territory. The agreement also provides consent for the incorporation of lands that are subject to native title claims into Neutral Junction Station.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is the Central land Council.

Detailed Information:

Details of the Agreement:

The National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements (Extract) notes that the agreement area is described in Schedules 1.1 (Claimed Portion) and 1.2 (Determined Portion) of the agreement as covering the entirety of NT Portion 4336 (the Former-North South Stock Route). A map of the agreement area is contained in Schedule 1.3.

Commencement:

The Agreement commences on the first day all parties have executed the Agreement and continues in perpetuity.

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.

Extinguishment:

  • The Native Title Party agrees to surrender any exclusive native title rights, that are capable of being recognised over the Claimed Portion, to the Northern Territory (see Stirling/Neutral Junction below in 'Native Title in the Agreement Area').
  • The Kaytetye Tywerate Arenge Aboriginal Corporation;RNTBC agrees to surrender to the Northern Territory the exlusive native title recognised to exist over the Determined Paortion in the Neutral Junction native title detemination (see below in 'Native Title in the Agreement Area').
  • The Parties also agree to incorporation of the Claimed Portion and the Determined Portion into Neutral Junction Station.

Future acts:

The Parties consent to the doing of the actions listed above, whether or not they are future acts.

Native Title in the Agreement Area:

The ILUA area is within the native title area recognised by the Federal Court of Australia (FCA) on 13 July 2011 in Kngwarraye on behalf of the members of the Arnerre, Wake-Akwerlpe, Errene and Ileyarne Landholding Groups v Northern Territory of Australia [2011] FCA 765 (Short name: Neutral Junction - see Federal Court File Number: NTD13/2008; National Native Title Tribunal File Number: DCD2011/014).

The ILUA area is also within the area of non-exclusive native title recognised by the FCA on 17 April 2016 in Pwerle v Northern Territory [2016] FCA 304 (Short name: Stirling/Neutral Junction - see FCA File No: NTD17/2011; NNTT File No.: DCD2016/001).


Related Entries

Organisation
  • National Native Title Tribunal
  • Central Highlands Regional Council
  • Northern Territory of Australia - Signatory
  • Central Land Council - Signatory
  • Kaytetye Tywerate Arenge Aboriginal Corporation RNTBC - Signatory
  • Eynewantheyne Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Norman Price Pwerle, Tommy Thompson Kngwarreye, Tommy Walkabout Thangale And Lenny Nelson on behalf of members of the Akalperre, Amakweng, Alapanp, Arlwekarr, Arlpawe, Arnerre, Arnmanapwenty, Errene/Warlekerlange, Errweltye, Kwerrkepentye, Rtwerrpe, Tyarre Tyarre and Wake Landing Groups - Signatory
  • Charles and Elizabeth Frith - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for DI2016/001 as at 6/09/2017 (Neutral Junction Locality ILUA). - ( PDF | PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Representative Body (NTRB) (Australia) | Native Title (Australia) | Native Title Registers | National Native Title Tribunal (NNTT) (Australia)

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