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Nyangumarta PBC KSCS Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the Vicinity of Port Hedland, Western Australia, Australia
The extract notes that the Agreement area covers about 2114 sq km and is locted about 160 kms north east of Port Hedland. The Agreement area covers parts of the Nyangumarta People (Part A) Native Title determination (WCD2009/001; WAD6281/1998, WAD234/2007). Included in the ILUA area is Eighty Mile Beach Marine Park Intertidal Area, the Kujungurru Warrarn Conservation Reserve Area and the Walyarta Conservation Reserve Area. This falls within the Shire of Broome and the Shire of East Pilbara.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 October 2014. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:WI2014/009
Subject Matter:Access | Environmental Heritage | Future Act | Marine | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2014/009
Summary Information:
The Nyangumarta PBC KSCS Indigenous Land Use Agreement (ILUA) was agreed between:

- The Minister for Lands; and
- Nyangumarta Warrarn Aboriginal Corporation RNTBC;
- The State of Western Australia;
- Minister for Environment;
- Conservation Commission of Western Australia;
- Marine Parks and Reserves Authority;
- Chief Executive Officer of the Department of Parks and Wildlife

on 17 October 2014.

The purpose of this Body Corporate Agreement is to provide consent to the Minister for Lands, to engage in a number of future acts.
Detailed Information:
Details of the Agreement

Commencement

The ILUA was registered with the National Native Title Tribunal (NNTT) on 17 October 2014.

The extract states that Clauses 2, 3, 4, 5, 6, 7, 15.2, 18, 19, 20, 21, 22, 23, 24, 26, 27 and 28 will come into effect on the date of execution, being 21 May 2014. All other clauses not mentioned come into effect on the date of registration, being 17 October 2014.

The Agreement will continue in effect until the occurrence of one of the following:
- Clause 5.6 comes into effect;
- Written agreement is obtained from all parties to end the Agreement
- The determination is revoked in accordance with the Native Title Act (NTA)
- In accordance with section 199C of the NTA, the Agreement is removed from the Register of ILUAs by the Native Title Registrar
- A replacement Agreement is effected under clause 19.6

Native Title Provisions

As noted above the purpose of this ILUA is to provide consent to future acts.

Clause 8 of the extract notes that the parties consent to any future acts that are set out in clause 8.2, 8.3 and 8.4. The parties must have regard to clause 9.1 subject to clauses 8.6 and 8.7.

Clause 8.2 of the extract provides consent to the reservation of the Eighty Mile Beach Marine Park Intertidal Area. This is for the purposes of "Marine Park" under section 13 of the Conservation and Land Management Act 1984(WA) ('CLM Act'). The reserve is vested in the Marine Authority under section 7 of the CLM Act.

Clause 8.3 of the extract provides consent to the reservation of two Terrestrial Conservation Estates if the future act is carried out before any legislative amendments (referred to in clause 8.4(a)). The first reservation is subject to clause 8.7 and is the Walyarta Conservation Reserve Area under section 41 of the Land Administration Act 1997(WA)('LA Act') for the purpose of "Conservation" and the placing of care, control and management of the Walyarta Conservation Reserve (Nyangumarta Part) by order under section 46 of the LA Act, jointly with the Conservation Commission and the Prescribed Body Corporate. The second reservation is of the Kujungurru Warrarn Conservation Reserve Area and, subject to clause 8.6, the Significant Coastal Areas, under section 41 of the LA Act for the purpose of "Conservation" and the placing of care, control and management of the Kujungurru Warrarn Conservation Reserve, by order under section 46 of the LA Act, jointly with the Conservation Commission and the Prescribed Body Corporate.

Clause 8.4 of the extract provides consent to the above Terrestrial Conservation Estates post legislative amendment. The extract notes that this will apply where legislative amendments are made to ensue:

- That Nature Reserves and Conservation Parks can be vested jointly with the Conservation Commission and another body/person and that the care, control and management of the reserve/park is placed with the commission and other body/person.

Following on from clause 8.4, the parties consent to the following future acts:
- where the Walyarta Conservation Reserve (Nyangumarta Part) has already been reserved, the purpose of that reserve being changed from "Conservation" to "Conservation Park" and the vesting of the Walyarta Conservation Park (Nyangumarta Part) in, or placement of care, control and management of that reserve with, the Conservation Commission jointly with the PBC; and
- where the Walyarta Conservation Reserve (Nyangumarta Part) has not already been reserved, the reservation of the Walyarta Conservation Park Area for the purpose of "Conservation Park" and the vesting of the Walyarta Conservation Park (Nyangumarta Part) in, or placement of care, control and management of that reserve with, the Conservation Commission jointly with the PBC; and
- the reservation of the Kujungurru Warran Conservation Park Area and, subject to clause 8.6, the Significant Coastal Areas for the purposes of "Conservation Park" and the vesting of the Kujungurru Warran Conservation Park in, or placement of care, control and management of that reserve with, the Conservation Commission jointly with the PBC; and
- the reservation of the Kujungurru Warran Nature Reserve Area and, subject to clause 8.6, the Significant Coastal Areas for the purpose of "Nature Reserve" and the vesting of the Kujungurru Warran Nature Reserve in, or placement of care, control and management of that reserve with, the Conservation Commission jointly with the PBC.

Clause 8.5 of the extract notes that the Agreement to future acts is included to mean the exercise of rights.
The extract provides that to avoid any doubt, the 'consents to future acts' (clause 8.2, 8.3 and 8.4) includes consent to:
- the granting, issue or creation of any tenure (in respect of the land within the Conservation Estate)
- exercise rights or discharge obligations under:
o the CLM Act and the Wildlife Conservation Act 1950 (WA) ('WLC Act')and any regulations made under those Acts; and
o any Tenure; and
- exercise powers and functions under the CLM Act and the WLC Act or any regulations made under those Acts, either now or in the future including the preparation and approval of any management plan(s) for those parts of the reserves comprising the ILUA Area; and
- exercise rights or discharge obligations that:
o arises under other applicable legislation as a consequence of the creation of the Conservation Estate; and
o is not exercised to commercially benefit a third party, if the future acts are within the conservation estate.

Clause 8.6 and 8.7 of the extract notes that the Prescribed Body Corporate may withdraw consent to future acts with regards to Significant Coastal Areas or the Walyarta Conservation Reserve if notice is given prior to the last business day of June 2015.

However in relation to Significant Coastal Areas this is limited to the following:
- clause 8.3(b)(2), to the extent that it relates to the reservation and placement of the Significant Coastal Areas; and
- clauses 8.4(b)(3) and 8.4(b)(4) to the extent that they relate to the reservation and the vesting or placement of the Significant Coastal Areas.
-
If the Prescribed Body Corporate withdraws its consent, it will be assumed that all parties all parties have withdrawn consent, under section 24EB of the NTA. The parties consent may not be withdrawn if notice is not given. Furthermore, the body corporate may waive their rights, if the appropriate notice is given.

Clause 9 of the extract stipulates that the future act provisions contained in the NTA do not apply to the future acts referred to in this Agreement, if the alternative procedures in the Agreement are followed.

Native Title in the ILUA Area

The agreement area covers parts of the Nyangumarta People (Part A) Native Title determination (WCD2009/001; WAD6281/1998, WAD234/2007). In Hunter v State of Western Australia [2009] FCA 654 (11 June 2009) North J found that Native title exists in parts of the determination area. Both exclusive and non exclusive rights were found to exist.

Related Entries

Agreement
  • Hunter v State of Western Australia [2009] FCA 654 (11 June 2009)
  • Hunter & Ors v State of Western Australia [2012] FCA 690
  • Organisation
  • National Native Title Tribunal
  • Nyangumarta Warrarn Aboriginal Corporation - Signatory
  • State of Western Australia - Signatory
  • Conservation Commission of Western Australia - Signatory
  • Marine Parks and Reserves Authority - Signatory
  • Shire of East Pilbara
  • Yamatji Marlpa Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Conservation and Land Management Act 1984 (WA)
  • Land Administration Act 1997 (WA)
  • Wildlife Conservation Act 1950 (WA)
  • People
  • Minister for Lands for the State of Western Australia - Signatory
  • Minister for Environment (Western Australia) - Signatory
  • Chief Executive Officer of the Department of Parks and Wildlife - Signatory
  • Nyangumarta People
  • Place
  • Shire of Broome

  • Documents

    Map
    Nyangumarta PBC KSCS Indigenous Land Use Agreement (ILUA) - maps - ( PDF)
    Nyangumarta PBC KSCS Indigenous Land Use Agreement (ILUA) -Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Body Corporate Agreement (Australia) | Native Title (Australia) | Native Title Determination (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Future Act (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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