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Ngarlawangga and Bulloo Downs Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 May 2017
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per  Schedule B of the agreement, as the part of Bulloo Downs Pastoral Lease (NO49943) that falls within the Native Title Determination Application Ngarlawangga People (FCA File N0.: WAD78/2005; NNTT File No.:WC2005/003) as accepted for registration on 30 October 2013.

State/Country:Western Australia, Australia
The area is within the jurisdiction of the Shire of Meekatharra.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 5 May 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2017/009.
Subject Matter:Access | Agriculture | Future Act | Native Title | Pastoral Activities | Tourism
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2017/009
Summary Information:

The Ngarlawangga and Bulloo Downs Indigenous Land Use Agreement (ILUA) was made between the Ngarlawangga Aboriginal Corporation and Chandra Louise Ridley.

The agreement covers an area of about 3,185 sq km approximately 50km south west of Newman.

The purpose of the agreement is to provide consent to renewal of the pastoral lease, the doing of agricultural and low impact tourism on the pastoral lease, as well as the granting of a pastoral lease over the stock routes or reserves.

The Registerd Native Title Body for the area is Central Desert Native Title Services.

Detailed Information:

Details of the Agreement:

Commencement:

The agreement has force as a contract from the date it is executed by all parties. It has force as an Indigenous Land Use Agreement upon its registration.

Termination:

Except for accrued obligations or obligations arising under clause 22, the agreement will terminate when the pastoral lease ends or upon mutual agreement.

Future act provisions:

The Ngarlawangga People and the Ngarlawangga Aboriginal Corporation consent to the following activities to the extent that they comply with the "Agreed Future Acts" laid out in clause 12 of the agreement:

  • the renewal, re-making, extension, replacement or re-grant of the pastoral lease from time to time;
  • the granting of a license, permit or authorisation for the purpose of agricultural activities, including variation and intensification of related activities, on the pastoral lease;
  • the granting of leases, licences and permits to allow for "Low Impact Tourism" activities to be conducted from time to time; and
  • the granting of a pastoral lease to include part or all of the Stock Routes, as laid out in Schedule B, and Reserves from time to time.

The Extract notes that "Low Impact Tourism" activities include:

  • farm tourism activity, such as station-stay accommodation and tours of the pastoral lease; and
  • using specified land under the pastoral lease, at already existing buildings and facilities, for non-pastoral based tourism; but not
  • tourism that involves observing activities or cultural works of Aboriginal or Torres Strait Islander people, as referred to in s GB(3) of the Native Title Act 1993 (Cth), nor does it include activities that teache or purport to teach Aboriginal culture.

Native Title in the Area

The area is within the native title determination area for the Federal Court of Australia (FCA) proceeding Limerick on behalf of the Ngarlawangga People v State of Western Australia (Ngarlawangga People) (FCA File No.: WAD78/2005; NNTT File No.: WC2005/003). The Ngarlawangga People's claim was determined on 7 December 2016, native title being recocognised to exist in parts of the determination area that include the Bulloo Downs Pastoral Lease (NO49943).


Related Entries

Agreement
  • Limmerick on behalf of the Ngarlawangga People v State of Western Australia [2016] FCA 1442
  • Organisation
  • National Native Title Tribunal
  • Ngarlawangga Aboriginal Corporation - Signatory
  • Meekatharra Shire
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Chandra Louise Ridley - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2017/009 as at 6/9/2016 (Ngarlawangga and Bulloo Downs ILUA) - ( PDF | PDF | PDF)

    Glossary

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

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