Notice was given on the proposal to make an agreement for the purposes with section 47C(6)(a) of the Native Title Act 1993 (Commonwealth) in relation to parts of parks and reserves in northern NSW. This notice was to give any interested persons an opportunity to comment on the proposed agreement.
The proposed agreement is subject to the registration of an Indigenous Land Use Agreement between the State and Widjabul Wia-bal that addresses the coexistence of native title rights, with park management and public use in the Widjabul Wia-bal claim area, which includes the proposed agreement area.
Proposed agreement description
The Attorney General, as State Minister responsible for native title in New South Wales, is proposing, at least 3 months from the date of this notice, to enter into an agreement under section 47C of the Native Title Act 1993 (Commonwealth) (the proposed agreement) with the Widjabal Wia-bal as one part of a comprehensive settlement of their native title determination application which they commenced in the Federal Court of Australia.
Should the Federal Court make a determination of native title which includes an agreement under section 47C with the Attorney General, any historical extinguishment of native title is to be disregarded in the proposed agreement area.
Proposed agreement area description
The proposed agreement area will cover parts of the national park estate in northern NSW within the Widjabul Wia-bal claim area, where native title has been historically extinguished, including areas subject to public works:
- Boatharbour Nature Reserve
- Tuckean Nature Reserve
- Muckleewee Mountain Nature Reserve
- Goonengerry National Park
- Victoria Park Nature Reserve
- Mount Jerusalem National Park
- Nightcap National Park
- Davis Scrub Nature Reserve
- Snows Gully Nature Reserve
- Tucki Tucki Nature Reserve
- Andrew Johnson Big Scrub Nature Reserve
- Whian Whian State Conservation Area.
Effect of the proposed agreement description
Under the proposed agreement, the National Parks and Wildlife Service will continue to operate and manage the national park estate. If made, the determination of native title will not affect public access or any existing valid interests (such as leases or licences) in relation to the proposed agreement area. It will also not affect the continued reservation of the national parks estate or access to, or operation of, public works in the park estate.