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Brooking Springs Station Indigenous Land Agreement (ILUA)

Category: Agreement
Date: 25 July 2017
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Attachment A of the Agreement, as all the lands and waters subject to the Brooking Springs Station Pastoral Lease (N050174).

State/Country:Western Australia , Australia
The area is within the jurisdiction of the Shire of Derby-West Kimberley.
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 Title Tribunal File No.: WI2016/017.
Subject Matter:Access | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2016/017
Summary Information:

The Brooking Springs Station Indigenous Land Use Agreement (ILUA) was agreed under the Native Title Act 1993(Cth), between the Bunuba Dawangarri Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC') and Kenneth Andrew Vivian as executor for the estate of Jillian Mary Jenyns.

The agreement area covers 1840.5 km, immediately north and west of Fitzroy Crossing Townsite, in the Kimberley region of Western Australia.

The purpose of the agreement is to allow access to the land and waters subject to the Brookings Springs Station Pastoral Lease.

Detailed Information:

Agreement Area:

The agreement area covers the land and waters of the Brooking Springs Station Pastoral Lease (N050174), as laid out in Annexure A of the agreement.

Commencement:

The agreement commences to the extent that the agreement has force as a contract on the date it is executed by all parties (not specified in the Extract). It has force as an Indigenous Land Use Agreement upon its registration.

Termination:

The agreement continues until: (a) the parties have no further rights or obligations under the agreement; or (b) the parties agre in writing to end it.

If requested by either party, the agreement is subject to review by the Pastoralists, the Bunuba Dawangarri Aboriginal Corporation RNTBC and the Bunuba People two years after the commencement date and every two years thereafter.

Native Title Provisions:

The Extract notes that there are no statements within the agreement of the kind which are 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 by this agreement. This means the agreement does not provide consent for the doing of any acts by non-native title parties; effect 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 the Agreement Area:

The agreement is located within the native title determination area of the Federal Court of Australia (FCA) proceeding 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). By consent of the parties, it was determined that native title exists and is held by the Bunuba People over land and waters in the vicinity of Fitzroy Crossing in the Kimberley region of Western Australia. Exclusive and non-exclusive native title rights and interests were recognised, with the area of the Brooking Springs Station Pastoral Lease being an area of non-exclusivity.


Related Entries

Agreement
  • Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481
  • Organisation
  • National Native Title Tribunal
  • Shire of Derby-West Kimberley
  • Bunuba Dawangarri Aboriginal Corporation RNTBC - Signatory
  • Kimberley Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Kenneth Andrew Vivian as executor for the estate of Jillian Mary Jenyns - Signatory
  • Bunuba People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2016/017 as at 6/9/2016 (Brooking Station ILUA) - ( PDF | PDF | PDF)

    Glossary

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

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