Githabul People Indigenous Land Use Agreement (ILUA)
Sub Category: Consent Determination (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place: Northern New South Wales
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:
"The agreement area of approximately 1,199 square kilometres is located north of the townships of Casino and Tenterfield south of the Queensland/New South Wales State border. The area includes Border Ranges National Park, Richmond Range National Park, Richmond Range State Forest, Yabbra National Park, Yabbra State Forest, Toonumbar National Park and Toonumbar State Forest.
The agreement area falls within the Kyogle, Tweed and Tenterfield Shire Council local government areas."
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 August 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: NI2006/001
Subject Matter: Access | Cultural Heritage | Customary Law | Employment and Training | Environmental Heritage | Forestry | Native Title | Recognition of Traditional Rights and Interests
The Githabul People Indigenous Land Use Agreement (ILUA) was agreed between:
Anthony Bernard Kelly, Minister for Lands, on behalf of the State of New South Wales;
Githabul Nation Aboriginal Corporation;
Forestry Commission of NSW;
Casino Rural Lands Protection Board;
Woodenbong Common Trust; and
Trevor Close as Registered Native Title Claimant for the Githabul People Native Title Determination Application - Federal Court Proceeding NG6019/98.
The ILUA was registered on 15 August 2007. The purpose of the ILUA is to settle the New South Wales section of the Githabul People's native title claim over 112,000 hectares of national parks and state forests.
The rights and interests of the respective parties to the ILUA, and those of other stakeholders in the determination area, were confirmed by the Federal Court in a consent determination pursuant to the Native Title Act 1993 (Cth), delivered on 29 November 2007 in Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847. This acknowledged the right of the Githabul People to enter all areas covered by the agreement in order to exercise their rights and protect their interests.
The parties to the ILUA consent to the co-management of 10 national parks and 13 state forests within the ILUA area, as well as to the freehold transfer of 102 hectares of land to the Githabul Nation Aboriginal Corporation. The ILUA also provides for employment opportunities.
This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.
The National Native Title Tribunal (NNTT) states that this ILUA covers the largest ILUA area yet seen in New South Wales.
Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847 (29 November 2007)
Memorandum of Understanding between Malachite Resources NL and the Githabul People
State of New South Wales - Previous
National Native Title Tribunal
Forestry Commission of New South Wales - Signatory
Kyogle Council
Tenterfield Shire Council
Tweed Shire Council
Department of Environment and Climate Change (NSW)
Githabul Nation Aboriginal Corporation RNTBC - Signatory
Casino Rural Lands Protection Board - Signatory
Woodenbong Common Trust - Signatory
Anthony Bernard Kelly - Signatory
Trevor Close - Signatory
NSW National Parks and Wildlife Service (2000) Statement of Reconciliation from Staff of NSW National Parks and Wildlife
Created: Monday, 17 September 2007
Modified: Thursday, 21 February 2008