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Wanparta Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 January 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 Schedule 1 of the Agreement, as all that land comprising Lot 567 on Deposited Plan 77466.

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

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 13 January 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2016/010
Subject Matter:Land Transaction | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2016/010
Summary Information:

The Wanparta Indigenous Land Use Agreement (ILUA) was agreed between:

  • the State of Western Australia acting through the Minister for Lands, a body corporate under section 7(1) of the Land Administration Act 1997 (WA), and
  • the Wanparta Aboriginal Corporation Registered Native Title Body Corporate (RNTBC)
  • The Agreement Area covers about 1.32 sq km, located between Port Headland and Broome in Western Australia, about 12 km northeast of the Great Northern Highway and Pardoo Roadhouse.

    The purpose of the Agreement is to provide consent for the State of Western Australia to grant the Lease of Crown land, as set out in Schedule 2 of the Agreement, to the Wanparta Aboriginal CorporationRNTBC.

    The Native Title Representative Body for this area is the Yamatji Marlpa Aboriginal Corporation.

    Detailed Information:

    Details of the Agreement:

    Commencement:

    The Agreement commences on the execution date and binds the parties, their successors and permitted assignees.

    Termination:

    The Agreement will terminate at the time one of the following events occurs:

    • non-registration of the Agreement, per clause 7.6 of the Agreement;
    • all parties have agreed in writing to end the Agreement; and
    • the Native Title Registrar removes the Agreement from the Register of the Indigenous Land Use Agreements in accordance with s 199C of the Native Title Act 1993(Cth).

    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 inrealtuon to the Land Transactions (the future acts listed below).

    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 activities authorised by this Agreement which may be inconsistent with native title rights and interests do not extinguish those native title rights and iunterests, instead they are revived when the actrivities are finished.

    Future Act Provisions:

    The Extract notes that there are 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 those sections are triggered by this agreement. This means that the Agreement provides consent for the doing of certain acts by non-native title parties. Specifically, this ILUA provides consent for the doing of the following future acts (the Land Transactiuons):

    • the grant of the Lease (meaning the Minister of Land's propsosed grant of a lease of Crown land, under the Land Transaction Act 1997 (WA), over the whole of Lot 567 on Deposited Plan 77466 to the Wanparta Aboriginal Corporation RNTBC;
    • the exercise from time to time of all rights granted or created by the Lease, including the grant by the Wanparta Aboriginal Corporation RNTBC of any sublease and any other rights or interests permitted under the Lease; and
    • the carrying out of any activity permitted by the grants referred to above.

    Related Entries

    Organisation
  • National Native Title Tribunal
  • Wanparta Aboriginal Corporation - Signatory
  • Yamatji Marlpa Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Administration Act 1997 (WA)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2016/010 as at 6/9/2017 (Wanparta ILUA) - ( Thumbnail | 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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