Extract from Register of Indigenous Land Use Agreements
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Extract from Register of Indigenous Land Use Agreements NNTT number NIA1998/001 Short name Tumut Brungle Area Agreement ILUA type Area Agreement Date registered 21/06/1999 State/territory New South Wales Local government region Gundagai Shire Council, Tumbarumba Shire Council, Tumut Shire Council, Holbrook Shire Council, Wagga Wagga, Yarrowlumla Shire Council, Yass Shire Council Description of the area covered by the agreement The agreement covers an area of approximately 8500 sq km. It’s external boundary (described in detail below) runs approximately from Coolac on the Hume Highway east to Lake Burrinjuck (north east of Wee Jasper); south along the Brindabella and Fiery Ranges to near Yarrangobilly Caves on the Snowy Mountains Highway, south west to the Murray River near Tintaldra; then along the Murray River to Jingellic; and then generally north towards Gundagai and on to Coolac. Description of the area covered by the Agreement : Clause 1.1.2 of the agreement states: "Deed Area" - means the area of land set out in the plan `and description set out at Schedule 1. Schedule 1 of the agreement contains a gazettal notice of the constitution of the Brungle Tumut Local Aboriginal Land Council Area dated 2 February 1984, set out below: BRUNGLE TUMUT LOCAL ABORIGINAL LAND COUNCIL AREA Commencing at the junction of the generally south-eastern boundary of the Parish of Jingellec East with the boundary between the States of New South Wales and Victoria: and bounded thence by the latter boundary generally south-easterly to the Tooma River; by that river upwards to the generally eastern boundary of the Parish of Tooma; by that boundary generally northerly and the generally north-eastern boundary of that parish generally north-westerly to Tumbarumba Creek; by that creek and Paddys River upwards to the generally western boundary of the Parish of Hay; by that boundary generally northerly, part of the generally northern boundary of that parish generally easterly, the generally north-western boundaries of the Parishes of Wurenmerermong and Wallace generally north-easterly, the generally north-eastern boundary of the Parish of Sewlyn generally south-easterly, the generally south-eastern boundary of the County of Buccleuch generally north-easterly and the generally northern boundary of the Parish of Venterman, County of Cowley generally easterly to the boundary between the State of New South Wales and the Australian Capital Territory; by that boundary generally northerly and the north-easterly to the Murrumbidgee River; by that river downwards to the generally eastern boundary of the Parish of Bundarbo, County of Buccleuch; by that boundary generally southerly and the generally Southern boundary of that parish generally westerly to the Murrumbidgee River; again by that river upwards to the generally northern boundary of the Parish of Gobarralong, County of Harden, by that boundary generally westerly, part of the generally western boundary of that parish generally National Native Title Tribunal Page 1 of 4 Extract from Register of Indigenous Land Use Agreements NIA1998/001 Version created: 06/09/2017 9:32 AM Further information: National Native Title Tribunal 1800 640 501 southerly, part of the generally northern boundary of the Parish of Coolac generally westerly, part of the generally eastern boundary of the Parish of Bongongalong generally southerly, part of the generally northern boundary of the Parish of North Gundagai, County of Clarendon generally westerly and the generally eastern boundary of the Parish of Nangus generally southerly to the Murrumbidgee River, aforesaid; by that river downwards to the generally western boundary of the Parish of Bangus, County of Wynyard; by that boundary generally southerly and part of the generally north-western boundary of the Parish of Ellerslie generally south-westerly to the Yaven Yaven Creek, by that creek and Jimmys Creek upwards to its source in the range dividing the waters of Ryders, Dellatory, Spring and Rocky Creeks from those of Jimmys, Blanch and Mount Pleasant Creeks, by that range generally southerly to the generally northern boundary of the Parish of Oberne; by part of that boundary generally westerly to the Wagga-Wagga-Tumbarumba Railway; by that railway south-easterly to the generally northern boundary of the Parish of Umbango; by part of that boundary generally easterly, the generally eastern boundaries of that parish and Parish of Humula generally southerly, part of the generally northern and the generally north-eastern boundaries of the Parish of Wood generally easterly and the generally south-easterly, the north-western boundary of the Parish of Mate, County of Sewlwyn south-westerly, the generally western boundaries of the Parishes of Craven, Glenroy and Munderoo generally southerly and the eastern and the generally south-eastern, aforesaid, boundaries of the Parish of Jingellec East Authority southerly and generally south-westerly to the point of commencement. Parties to agreement Applicant Party name New South Wales Aboriginal Land Council Contact address 9th Floor, 33 Argyle Street, Parramatta NSW 2150 Other Parties Party name Adelong Consolidated Gold Mines NL Contact address Attention: Mr Doug Flinn Director 49B Tumut St Adelong NSW 2720 Party name Nurri Arnold Williams for and on behalf of the Walgalu People Contact address C/- 95 Capper Street Tumut NSW 2720 Party name Reginald Russell for and on behalf of the Walgalu People Contact address C/- 95 Capper Street Tumut NSW 2720 National Native Title Tribunal Page 2 of 4 Extract from Register of Indigenous Land Use Agreements NIA1998/001 Version created: 06/09/2017 9:32 AM Further information: National Native Title Tribunal 1800 640 501 Party name Harold Freeman for and on behalf of the Wiradjuri People Contact address C/- 95 Capper Street Tumut NSW 2720 Party name Sonia Piper for and on behalf of the Wiradjuri People Contact address C/- 95 Capper Street Tumut NSW 2720 Party name Flo Grant for and on behalf of the Wiradjuri People Contact address C/- 95 Capper Street Tumut NSW 2720 Period in which the agreement will operate Start date 26/08/1998 End date not specified Until expiration or earlier termination of the last mining tenement to be granted to ACG in relation to the Deed Area or 20 years from the 26/08/1998, whichever is the later. Statements of the kind mentioned in ss. 24EB(1) or 24EBA(1) or (4) The agreement contains the followings statements regarding consent to future acts: "Future acts" means a future act as defined in the Native Title Act which consists of the grant of: (a) a Mining Tenement (b) an estate or interest other than an estate in fee simple (c) an estate in fee simple where the grant of such an estate will not operate to extinguish native title; and (d) with the consent of the Walgalu People and the Wiradjuri People, and estate in fee simple, the grant of which, has the effect of extinguishing native title; for or related to the purposes of Mining Operations by ACG in Deed Area "Mining Tenements" - means any tenements granted under the Mining Act to ACG in relation to the Deed Area; "Mining Operations" - means all operations in the Deed Area for or incidental to:- (a) exploration; (b) the mining of all minerals in any ore body (c) related activities including the development, testing, recovery, processing and transport of such minerals; and (d) the rehabilitation of those areas disturbed by the operations referred to above The Walgalu People and the Wiradjuri People consent to the doing of future acts subject to this Deed and the Master Deed. Subdivision P of Division 3 of Part 2 of the Native Title Act is not intended to apply and does not National Native Title Tribunal Page 3 of 4 Extract from Register of Indigenous Land Use Agreements NIA1998/001 Version created: 06/09/2017 9:32 AM Further information: National Native Title Tribunal 1800 640 501 apply to the doing of future acts. The non-extinguishment principle applies to the doing of the future acts. Attachments to the entry Nil Attachments National Native Title Tribunal Page 4 of 4 Extract from Register of Indigenous Land Use Agreements NIA1998/001 Version created: 06/09/2017 9:32 AM Further information: National Native Title Tribunal 1800 640 501.