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BAC KSCS Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 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 describes the area subject to this ILUA, per Schedule 1 of the Agreement, as the North Kimberley Intertidal (Balanggarra Part) Area and the Sir Graham Moore Islands National Park Area.

State/Country:Western Australia, Australia
The area is within the jurisdiction of the Shire of Wyndham-East Kimberley.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 19 May 2017.

This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2017/007
Subject Matter:Collaboration / Partnership | Future Act | Local Government | Management / Administration | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2017/007
Summary Information:

The BAK KSCS Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • the State of Western Australia;
  • the Balanggarra Aboriginal Corporation;
  • Minister for Lands;
  • Minister for Environment;
  • Conservation and Parks Commission; and
  • the Chief Executive Officer (CEO) of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body.
  • The agreement area covers about 423 sq km in the vicinity of Cape Londonderry and Joseph Bonaparte Gulf, approximately 22 km north west of Wyndham.

    The purpose of the agreement is to provide consent for the establishment of the North Kimberley Intertidal (Balangarra Part) Area as a marine park to be managed by the Conservation and Parks Commission. Consent is also given for the establishment of the Sir Graham Moore Islands National Park Area as a national park to be managed jointly by the Conservation and Parks Commission and the Balanggarra Aboriginal Corporation.

    The Native Title Representative Body for this area is the Kimberley Land Council Aboriginal Corporation.

    Detailed Information:

    Commencement:

    The agreement commenced on 19 May 2017 (the registration date), except for a number of clauses which took effect when the agreement was signed by all the parties (the date is not specified in the Extract).

    Termination:

    The agreement will terminate only if:

    • clause 4.6 (not detailed in the Extract) comes into effect; or
    • all parties agree in writing to end the agreement; or
    • one of the relevent native title determinations is revoked in accordance with the Native TItle Act 1993 (Cth); or
    • the agreement is removed from the Register of Indigenous Land Use Agreements; or
    • where a replacement agreement comes into effect, in accordance with clause 16.5 of the agreement (not detailed in in the Extract).

    Native Title Provisions:

    Right to negotiate

    The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply in relation to the establishment of the North Kimberley Intertidal (Balanggarra Part) marine park and the Sir Graham Moore Islands national park. The right to negotiate provisions do however apply to the designated "Adjacent Area', meaning the North Kimberley Marine Park (Offshore Area) and the Leseuer Island Nature Reserve.

    Extinguishment

    The parties agree that the non-extinguishment principle applies - this means that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the acts authorised by this agreement do not extinguish native title rights and interests.

    Future act provisions

    The parties agree to:

    • the North Kimberley Intertidal (Balanggarra Part) Area being reserved for the purpose of "marine park" under s  13 of the Conservation and Land Management Act 1984 (WA), and to it being vested in the Conservation and Parks Commission under s 7 of the same Act;
    • the Sir Graham Moore Islands National Park Area being reserved for the purpose of "national park" under s 41 of the Land Administration Act 1997 (WA), to it being classified as "Class A" under s 42 of the same Act, and to it being jointly vested in the Conservation and Parks Commission and the Balanggarra Aboriginal Corporation;
    • removing any doubt, that where done in the Conservation Estate (as shown on Schedule 2 of the agreement to mean the North Kimberley Marine Park (Balanggarra Part), the Sir Graham Moore National Park and the Leseur Island Nature Reserve), the above agreed acts include: the granting, issue or creation of any tenure, and the exercise of the various powers and functions afforded under the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA) and any associated regulations (including the preparation and approval of management plans). Consent is also given to the exercise of any right or the discharge of any obligation arising from any legislation applicable to the agreement area as a nature reserve, national park or marine park.

    Native Title in the Agreement Area:

    The agreement is located within the Balanggarra People's area of native title that was determined by consent in the Federal Court of Australia (FCA) proceeding Chienmora v State of Western Australia (No 2) [2013] FCA 768 (Balanggarra Combined) (FCA file no.: WAD6027/1998; NNTT file no.: WCD2013/005).


    Related Entries

    Agreement
  • Cheinmora v State of Western Australia (No 2) [2013] FCA 768
  • Organisation
  • National Native Title Tribunal
  • Balanggarra Aboriginal Corporation RNTBC - Signatory
  • State of Western Australia - Signatory
  • Conservation and Parks Commission Western Australia - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • 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
  • Balanggarra People
  • Minister for Lands (Western Australia) - Signatory
  • Minister for Environment (Western Australia) - Signatory
  • Chief Exective Officer of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body - Signatory
  • Chief Exective Officer of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2017/007 as at 19/5/2017 (BAC KSCS ILUA) - ( Thumbnail | PDF | PDF | PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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