Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements Notification Day: 3 February 2021
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Notice of an application to register an area agreement on the Register of Indigenous Land Use Agreements Notification day: 3 February 2021 NI2020/002 Western Bundjalung Amended Settlement ILUA State of New South Wales Description of the agreement area: The agreement area covers approx. 5,766 sq km and is located northwest of Grafton and extends to the New South Wales - Queensland State border Relevant LGAs: Clarence Valley Council, Glen Innes Severn Shire Council, Kyogle Council, Richmond Valley Council and Tenterfield Shire Council The agreement contains the following statements: [Explanatory notes in brackets inserted by the National Native Title Tribunal] 8.1 [All Future Acts (other than Intermediate Period Acts) that were done in relation to land or waters in the Part A Area after 1 January 1994 and before 14 August 2017 and the Part B Area after 1 January 1994 and before the Execution Date are valid, to the extent that they were done invalidly because of the existence of Native Title]. 8.2 All Future Acts done in relation to land or waters in the Part A Area on and after 14 August 2017 and before the date this Agreement is Registered that were done validly under the Western Bundjalung Settlement Indigenous Land Use Agreement are valid. 8.3 All Future Acts done in relation to land or waters in the Part B Area on and after the Execution Date and before the Registration Date are valid, to the extent that they are done invalidly because of the existence of Native Title, provided that they are done in accordance with the procedures set out in this Agreement or in the Native Title Act 1993 (Cth). 17.3 Without limiting the rights of the Native Title Parties set out in Schedule E (Alternative Future Acts Regime), the Parties consent to the doing of a Future Act that is in a class covered by that Schedule, which shall be valid, provided the procedures in that Schedule have been complied with [Schedule E refers to the following classes of future acts: Emergency Acts including fire suppression and prevention activities, urgent activity required for public health or safety in response to a bushfire, flood or other major natural disaster or emergency, and the grant of particular interests for an emergency occupation of land such as in response to a major natural disaster or emergency; Acts of Remediation meaning activities to reverse, stop or prevent environmental damage; Future Acts under a Reservation including the construction of a public work, the control of noxious species and pest animal control; Permissible Renewals of a lease, licence, permit, or authority; Low Level Future Acts Requiring Notice in Writing and Consultation including regeneration or environmental assessment or protection activities; Low Level Future Acts Requiring No Notice including an event or activity for a period of less than 24 hours or the maintenance of infrastructure or a public work; Low Level Future Acts Requiring Notice in Writing including the grant of a licence to hold an event, river reclamation works necessary for the protection of public health and safety, and the grant of a bee-keeping interest]. 17.5 Nothing in Schedule E (Alternative Future Acts Regime) affects the RNTBC’s right to negotiate under Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth). “Application” [means the application for a determination of native title that was lodged in the Federal Court of Australia on 19 December 2011 with proceedings number NSD 2300 of 2011]. “Part A Area” [means the land or waters subject to the orders made by the Federal Court of Australia in relation to the Application on 29 August 2017]. “Part B Area” [means the land or waters subject to the orders made by the Federal Court of Australia in relation to the Application on 27 June 2018]. Parties to the agreement and their contact addresses: Tim Torrens, David Mundine, Kathy Attorney General of New South Wales; Minister administering the Crown Land Malera-Bandjalan, Bronwyn Bancroft, Leonard Management Act 2016 (NSW); Minister administering Part 6 of the National Parks Gordon, David Walker, Terrence Robinson, and Wildlife Act 1974 (NSW); Minister administering the Fisheries Management Act Andrew Donnelly, Gary Brown, Graeme Walker 1994 (NSW); Minister administering the National Parks and Wildlife Act 1974 (NSW); on behalf of the Western Bundjalung People; Secretary of the agency responsible for the administration of Part 6 of the National and Ngullingah Jugun (Our Country) Aboriginal Parks and Wildlife Act 1974 (NSW); Secretary of the agency responsible for the Corporation RNTBC administration of the National Parks and Wildlife Act 1974 (NSW); and Chief Executive c/- NTSCORP Limited Officer of Forestry Corporation PO Box 2105, Strawberry Hills NSW 2012 c/- Crown Solicitor’s Office, GPO Box 25, Sydney NSW 2001 Objections to the registration of an ILUA where the application for registration has been certified: This application for registration of an indigenous land use agreement (ILUA) has been certified by NTSCORP Limited, the representative body for the area. Any person claiming to hold native title to any part of the area covered by the ILUA may object in writing within the notice period to the registration of this agreement if they think that the application to register the ILUA has not been properly certified. If you wish to object to the registration of this agreement (and you hold or claim to hold native title in any part of the area covered by the agreement) you may only object for one reason: in your view, the application to register the ILUA has not been properly certified, as stated in section 203BE(5)(a) and (b) of the Native Title Act 1993 (Cth). You must make this objection in writing and send it to theNative Title Registrar, National Native Title Tribunal, GPO Box 9973, Sydney NSW 2001 by 3 May 2021. Generally, procedural fairness will require that the material you provide is given to certain other persons or organisations for comment. It may also be taken into account in the registration of other ILUAs and claimant applications and thus be provided to relevant persons or organisations for comment. Details of the terms of the agreement are not available from the National Native Title Tribunal. For assistance and further information about this application, call Dianne Drake on 02 9227 4000 or visitwww.nntt.gov.au. .