Karu Mutu (Community Living Area) Indigenous Land Use Agreement (ILUA)
|Date: ||30 June 2003|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Karu Mutu Community|
|State/Country:||Northern Territory, Australia|
|The area of the ILUA covers the area of Karu Mutu Community Living Area, which is defined as Northern Territory Portion 5740 on Survey S99/027 (see the map available via the Gallery link on this page). The ILUA is 1.337 square kilometres in size and is located north west of Kulgerra in the Northern Territory, near the South Australian border. It is not within any incorporated local government area. It is within the Central Remote ATSIC region.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No: DI2003/003|
|Payments:||Compensation - The agreement states that the non-extinguishment principle applies, in which case native title rights and interests can not be compensated as they have not been extinguished by the act of the grant of the CLA. However, the agreement still states that any compensation that is payable is limited to $1.00. This statement is a secondary measure taken by the Territory to ensure it does not become liable to pay a large compensation amount if the law changes in future regarding extinguishment and compensation of native title. It is assumed that the native title parties agreed to this as the granting of an area of land for a Community Living Area is of benefit to them.|
|Subject Matter:||Native Title | Land Transaction | Future Act | Land Use | Compensation|
|Summary Information: |
|The Karu Mutu Community Living Area Indigenous Land Use Agreement (ILUA) allows a section of land to be purchased by the Northern Territory Government for the purpose of creating an Aboriginal community living area. Without the ILUA, the transaction in the land may have been subject to the future act and right to negotiate provisions of the Native Title Act 1993 (Cth) (the NTA). |
The parties agree that the land transaction will not extinguish any native title rights and interests that may exist in the area - that is, the 'non-extinguishment principle' of the NTA applies. The ILUA also sets the amount of any compensation that may be payable, for the effect of the grant on native title rights, at a maximum of $1.00. (See Additional information link above - Compensation).
This type of land transaction falls under Part 8 of the Pastoral Land Act 1992 (NT) and section 46(1A) of the Lands Acquisition Act 1978 (NT). Several other ILUAs have been made to create Aboriginal community living areas in the Northern Territory.