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NOTICE OF AUTHORISATION MEETING TO CONSIDER PROPOSED INDIGENOUS LAND USE AGREEMENT UNDER THE NATIVE TITLE ACT 1993 (CTH)

Date listed: 26/10/2020
 

The Barngarla Determination Aboriginal Corporation RNTBC ICN 8603 (BDAC) and the Minister for Environment and Water (Minister) propose to enter into an Indigenous Land Use Agreement (Body Corporate Agreement) (ILUA) pursuant to Subdivision B of Division 3 of Part 2 of the Native Title Act 1993 (Cth) (NT Act).

The proposed ILUA covers the land in the area set out in the map contained in this notice. The land is in and around the Cultana Industrial Estate and is presently described as

  • Portion of Allotment 69 in DP85851 in the Hundred of Cultana; and
  • Portion of Piece 71 in DP85851 in the Hundred of Cultana

(the ILUA Area)

Purpose of Meeting & who should attend this meeting?

The purpose of meeting is for the common law holders to consider, and if thought appropriate, authorise the directors of BDAC to enter into the ILUA, and sign all necessary documents to execute and register the ILUA.

 

The common law holders for the ILUA Area are the Barngarla native title holders (Barngarla People). The Barngarla People as determined by the Federal Court of Australia are those persons:

  • who are related by means of the principle of descent to the following Barngarla apical ancestors:
    • the siblings Percy Richards and Susie Richards;
    • Maudie Blade who is the mother of Phyllis Croft;
    • George Glennie and Mary Glennie;
    • the siblings Bob Eyles and Harry Croft;
    • Jack Stuart;
    • Arthur Davis (also known as King Arthur) and his sons, Andrew Davis, Jack Davis, Stanley Davis and Percy Davis; and
  • who have a connection with the Determination Area in accordance with the traditional laws and customs of the Barngarla People; and
  • who identify as a Barngarla person and who are accepted by the Barngarla People as a Barngarla person.

 

BDAC is the Registered Native Title Body Corporate for the ILUA Area. Accordingly, pursuant to section 24BD of the NT Act, it must be a party to the ILUA. Any member of the Barngarla People as defined by the Federal Court, is eligible to be a member of BDAC. Under the BDAC Rule Book, only Barngarla People can be members of BDAC. Accordingly, any member of BDAC (who by definition will also be a Barngarla native title holder) may attend this meeting.

If you have any doubts about whether you should attend this meeting you can contact BDAC or Norman Waterhouse Lawyers on the details contained at the bottom of this notice.

What is the ILUA for?

The ILUA is required to allow BDAC to take ownership of the land within the ILUA Area in fee simple (commonly known as freehold title). The Minister has agreed to transfer this land to BDAC in accordance with section 25(f) of the Crown Land Management Act 2009 (SA). After the transfer occurs, BDAC will then be the freehold owner of the land within the ILUA Area. BDAC will then be able to grant a commercial lease over the land within the ILUA Area.

 

The ILUA requires the Barngarla People to surrender native title over the ILUA Area, in order to facilitate the grant of fee simple title to BDAC. The surrender of native title will occur at the moment that the land in the ILUA Area is transferred to BDAC.

 

The ILUA also ensures that two existing easements are maintained over the ILUA Area.

 

ILUA Area Map attached.

 

Details of ILUA Authorisation Meeting:

BDAC understands that this meeting is occurring while COVID-19 restrictions are still in place throughout parts of Australia, and even without those restrictions, safety precautions are necessary for all Barngarla.

 

Appropriate social distancing and hygiene measures will be implemented at the meeting. However, if you cannot attend this meeting, or are still uncomfortable in doing so, please contact Norman Waterhouse Lawyers or BDAC on the details below and we will seek to ensure that you can be involved remotely and ensure that your views are equally included into any decision making process.

 

The details of the ILUA Authorisation Meeting are listed below:

Date:                        Sunday 25 October 2020

Time:                       10:30am registration (for 11:00am start)

Location:                 Central Whyalla Football Club

                                25 McDouall Stuart Avenue

                                Whyalla Stuart SA 5608

Please email or call to register your attendance at the authorisation meeting, work out alternative arrangements, or to obtain a copy of any of the documentation associated with the ILUA

(including the Notice of Meeting, a copy of the ILUA or a summary):

barngarlacontact@gmail.com   

Ph: 0488 122...

Adelaide 5000