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Bandjalang 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 Clarence Valley Council, Lismore City Council, Richmond Valley Council.
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.: NI2018/008
Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2018/008
Summary Information:

The Bandjalang 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 Bandjalang Aboriginal Corporation Prescribed Bod Corporate Registered Native Title Body Corporate (RNTBC).

The agreement area covers about 682 sq km and is located north of Grafton, south of Casino and west of Evans Head.

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 682 sq km and is located north of Grafton, south of Casino and west of Evans Head. 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 land and waters within areas where native title had been determined to have exist within Bandjalang People #1 and Bandjalang People #2 consent determinations.

Termination:

This ILUA ceases on the 20 November 2023.

Native Title Provisions:

Future act provisions

The parties consent to the Crown Lands Minister re-issuing the remaining terminated licences to the former licensees for a period of up to five years from the date of 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 At 1993 (Cth) or under this agreement. The former licensee cannot continue to use and occupy the land beyond five years of 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 Bandjalang People #1 v Attorney General of New South Wales [2013] FCA 1278. (FCA file no.: NSD6034/1998, NNTT file no.: NCD2013/001) and FCA proceeding Bandjalang People #2 v Attorney General of New South Wales [2013] FCA 1278. (FCA file no.: NSD6107/1998, NNTT file no.: NCD2013/002).


Related Entries

Agreement
  • Bandjalang People No 1 and No 2 v Attorney General of New South Wales [2013] FCA 1278
  • Organisation
  • National Native Title Tribunal
  • Bandjalang Aboriginal Corporation Prescribed Body Corporate 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 NI2018/008 as at 20/11/2018 Bandjalang 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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