The State of South Australia proposes to enter into an Indigenous Land Use Agreement (ILUA) with the Barngarla People pursuant to Subdivision C of Division 3 of Part 2 of the Native Title Act 1993 (Cth).
The proposed ILUA is subject to final instructions from Cabinet and is in relation to the land and waters in the area set out in the map in this notice (the ILUA Area).
Who should attend this meeting?
All those persons who hold or may hold native title in relation to the land and waters in the ILUA Area should attend this meeting. This ILUA is being entered into to allow a Determination of native title to be made by the Federal Court of Australia in favour of the Barngarla People. Accordingly, the native title holders for the ILUA Area are the Barngarla People. The Barngarla applicant is already authorised to agree to the Determination of Barngarla native title in the Federal Court. The Barngarla Determination was also approved, in principle, at the Barngarla meeting on 28 July 2019. However, this meeting will also consider the final form of the orders to be made by the Federal Court in this matter and seek approval from the Barngarla present at the meeting.
The Federal Court has previously determined that the Barngarla People are those persons:
•who are related by means of the principle of descent to the following Barngarla apical ancestors:
o the siblings Percy Richards and Susie Richards;
o Maudie Blade who is the mother of Phyllis Croft;
o George Glennie and Mary Glennie;
o the siblings Bob Eyles and Harry Croft;
o Jack Stuart;
o 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 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.
The Barngarla Determination Aboriginal Corporation ICN 8603 (BDAC) was nominated in the Federal Court to be the Prescribed Body Corporate (PBC) for the first Barngarla Determination and will be nominated as the PBC for this Barngarla Determination also. Accordingly, it is also proposed to 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 native title holders can be members of BDAC. Accordingly, any member of BDAC (who by definition will also be a Barngarla native title holder) should attend this meeting. If you have any doubts about whether you should attend this meeting you can contact Nick Llewellyn-Jones using the details contained at the bottom of this notice.
What is the ILUA?
The ILUA is required to finalise matters in advance of the Determination of native title being made in favour of the Barngarla People over the ILUA Area. It will provide for the following:
Adjacent and Subjacent Land
•Adjacent land is land adjacent to navigable waters in the State of South Australia and covers, amongst other areas, the majority of coastline around Port Augusta.
•Subjacent land is the land under navigable waters in the State of South Australia.
The ILUA proposes to confirm that the vesting of adjacent and subjacent land under the Harbors and Navigation Act 1993 (SA) to the Minister is valid whilst confirming that the non-extinguishment principle continues to apply to this land and the native title rights and interests are not entirely suppressed. The ILUA also allows for the future parcellation and surrender of Adjacent and Subjacent land with compensation.
The State of South Australia will be seeking that native title be surrendered (and where necessary the parcel grant will also be validated) over the land and waters on the parcels listed below:
D74495A1 - Hnd of Copley
D74495A12 - Hnd of Copley
D74495A5 - Hnd of Copley
D74495A6 - Hnd of Copley
D74495A7 - Hnd of Copley
D74495A8 - Hnd of Copley
D74495A9 - Hnd of Copley
D113021A9 - Hnd of Copley (ptn)
D11374A49 - Hnd of Copley
D11374A50 - Hnd of Copley
D11374A54 - Hnd of Copley
T540201A790 - Hnd of Copley
T540201A791 - Hnd of Copley
T540201A792 - Hnd of Copley
T540201A793 - Hnd of Copley
T540201A794 - Hnd of Copley
T540201A795 - Hnd of CopleyT540201A796 - Hnd of Copley
T540201A797 - Hnd of Copley
T540201A798 - Hnd of Copley
T540201A799 - Hnd of Copley
T540201A800 - Hnd of Copley
T540201A801 - Hnd of Copley
T540201A802 - Hnd of Copley
T540201A803 - Hnd of Copley
T540201A804 - Hnd of Copley
T540201A805 - Hnd of Copley
D74495A10 - Hnd of Copley
D74495A11 - Hnd of Copley
A portion of Allotment 2 in Deposited Plan 67521 held in Crown Record Volume 5956 Folio 236 and unnumbered land which is Adjacent Land or Subjacent Land as defined in the HNA
The State will also seek the validation, but not surrender of native title, for the grant of Certificate of Title 4401/598 over Allotment 184 in Filed Plan 37165 and Allotment 85 in Deposited Plan 36449 (commonly known as the Arid Land Botanic Gardens). This means that the ILUA will preserve Barngarla native title over the Arid Land Botanic Gardens, subject to the existing freehold grant.
ILUA Area Map (More detailed maps are available if you contact the details below)
Details of ILUA Authorisation Meeting:
The details of the ILUA Authorisation Meeting are listed below:
Date:Sunday 6 June 2021
Time: 11.00am (registration)
Location:Barngarla Cultural Centre (Port Augusta)
12-14 Victoria Parade Port Augusta SA 5700
Please email or call to register your attendance at the authorisation meeting or to obtain a copy of any of the documentation associated with the ILUA (including the Notice of Meeting, the ILUA and/or a plain English summary of the ILUA):
email@example.com Ph: 048812...