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Kimberley Downs Station Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 July 2017
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Northwest of Fitzroy Crossing
State/Country:Western Australia , Australia
Legal Status: Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 25 July 2017. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Tribunal File No.: WI2016/020
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2016/020
Summary Information:

The ILUA is made between Jock Hugh MacLachlan and Callum Hugh MacLachlan, and the Bunuba Dawangarri Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to provide consent for access to the pastoral lease area.

The Native Title Registered Body is the Kimberley Land Council Aboriginal Corporation.

Detailed Information:

Details of the Agreement:

The ILUA area covers 53.6 sq km, approximately 35 km north west of Fitzroy Crossing Townsite.

Commencement:

The ILUA was registered on 25 July 2017.

Termination:

The ILUA will terminate automatically if the Pastoral Lease comes to an end, or by written mutual agreement by all parties.

Native Title Provisions:

Future act provisions

The Extract notes that there are no statements within the ILUA of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered. This means that the ILUA does not: provide consent for the doing of any acts by non-native title parties; affect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor validate any previous future acts.

Native Title in the ILUA Area:

The ILUA area is within the native title determination Wurrunmurra v State of Western Australia [2012] FCA 1399 (FCA file no.: WAD6133/1998, NNTC file no.: WCD2012/006) and Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481 (FCA file no.: WAD94/2012, NNTT file no.: WCD2015/009).


Related Entries

Agreement
  • Wurrunmurra v State of Western Australia [2012] FCA 1399
  • Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481
  • Organisation
  • Bunuba Dawangarri Aboriginal Corporation RNTBC - Signatory
  • Shire of Derby-West Kimberley
  • State of Western Australia
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Jock Hugh MacLachlan and Callum Hugh MacLachlan - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2016/020 as at 17/06/2020 (Kimberley Downs Station ILUA) - ( Thumbnail | Thumbnail | Thumbnail)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Land Use Agreement (Australia)

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