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Kuruma Marthudunera and Yaburara and Coastal Mardudhunera Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 July 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Located in north western region of Western Australia
State/Country:Western Australia, Australia
The Agreement Area includes all lands and waters subject to native title determination applications (i) WAD 6090 of 1998; and (ii)WAD 127 of 1997. These applications include the YM and KM claims respectively. The Agreement Area is located within the local government regions of Shire of Ashburton and Shire of Roebourne.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 July 2014. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:WI2014/001
Subject Matter:Intra-Indigenous Agreement | Land Management | Management / Administration
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2014/001
Summary Information:
The Kuruma Marthudunera and Yaburara and Coastal Mardudhunera Indigenous Land Use Agreement (ILUA) was agreed between:

- Jack Alexander, Mark Lockyer, Neil Finlay and Gloria Lockyer for the KM People; and

- Kevin Cosmos, Robert Boona and Valerie Holborow for the YM People

on 4 July 2014.

The purpose of this Area Agreement is to formalise and resolve the intersection of KM and YM claims to native title in the area according to the terms of the intra-indigenous agreement made on 1 May 2013.
Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 4 July 2014.

The Extract does not specify a start or end date to the Agreement. However, the Extract does note that the Agreement will commence effect on the Exeuction Date, being the first date on which both parties execute the Deed of Agreement.

Termination

The Agreement will terminate where one of the following events occurs:

- an agreement in writing signed by the parties;
- a party otherwise terminates the Agreement in accordance with Clause 13 of the Agreement.

Termination of the Agreement will mean that neither party will have any claim against any other party, except where the claim arises from circumstances or matters occurring before termination.

The Extract specifically notes that Clause 12 of the Agreement will survive termination. The Extracat does not provide details as to the contents of Clause 12.

Native Title Provisions

Broadly, the Agreement has three (3) purposes:

(i)formalise and resolve the overlap in KM and YM native title detemination applications, in accordance with the intra-indigenous agreement made on 1 May 2013;

(ii) support the Robe River Kuruma People and
the Mardudhunera People holding native title rights and interests in their respective claim areas; and

(iii) formalise arrangements and deeds in relation to future acts in both claim areas.

The agreement includes no statements of a kind mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act.

Native Title in the ILUA Area.

The Agreement area includes all land and waters within the external boundaries of the KM and YM Claims as at the Execution Date.

KM Claim

The KM Claim includes:

(a) the area subject to native title determination application WAD 6090 of 1998; and

(b) any other native title determination application made on behalf of all or substantially all of the KM People (as at the Execution Date) or the Robe River Kuruma People, in respect of some or all of the Robe River Kuruma Country.

YM Claim

The YM Claim includes:

(a) the area subject to native title determination application WAD 127 of 1997; and

(b) any other native title determination application made on behalf of all or substantially all of the YM people (as at the Execution Date) or the Mardudhunera People, in respect of the whole or part of Mardudhunera Country.

Related Entries

Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Yaburara Mardudhunera People
  • Kuruma Marthudunera People
  • Mark Lockyer, Neil Finlay, Jack Alexander and Gloria Lockyer on their own behalf as Registered Native Title Claimant and on behalf of the the Kuruma Marthudunera People - Signatory
  • Kuruma Marthudunera People - Signatory

  • Documents

    Map
    Kuruma Marthudunera and Yaburara and Coastal Mardudhunera Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Kuruma Marthudunera and Yaburara and Coastal Mardudhunera Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Kuruma Marthudunera and Yaburara and Coastal Mardudhunera Indigenous Land Use Agreement (ILUA) Written Description of Agreement Area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Indigenous Partnership | Native Title (Australia) | Native Title Applicants | Native Title Applications/Claims (Australia) | Native Title Claimants (registered) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Registers

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