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NKAC KSCS Eighty Mile Beach Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 March 2017
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The intertidal area of Eighty Mile Beach, the adjacent beach area nature reserve, and an area of the Walyarta Conservation Park.

State/Country:Western Australia, Australia
The extract from the Register of Indogenous Land Use Agreements describes the area covered by this ILUA as about 244 sq km, consisting of 2 portions, approximately 160 and 210 km southwest of Broome in the vicinity of Eighty Mile Beach and East of the Sandfire Roadhouse. The agreement area is within the jurisdiction of the Broome Shire Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements onĀ 22/03/2017. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2017/002
Subject Matter:Access | Collaboration / Partnership | Environmental Heritage | Future Act | Land Management | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2017/002
Summary Information:

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

  • State of Western Australia;
  • CEO of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body;
  • Conservation and Parks Commission;
  • Minister for Environment;
  • Minister for Lands; and
  • the Nyangumarta Karajarri Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to provide for the creation of a conservation estate.

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

Detailed Information:

Details of the Agreement

Commencement: The ILUA is binding as a contract from the date it was signed by all the parties. It has effect as an ILUA from the date it was registered.

Termination: The ILUA continues indefinitely, but will be terminated if:

  • effected under clauses 5.6 (not specified in the extract);
  • the parties agree;
  • removed from the Register of Indigenous Land Use Agreements;
  • a replacement agreement is registered; or
  • the native title determination is revoked.

Native Title Provisions:

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 these sections are triggered. This affects the native title party's right to negotiate under the Native Title Act 1993 (Cth).

Without conceding that any of the following acts are necessarily 'future acts', the parties irrevocably consent to:

  • the granting, issue or creation of any tenure;
  • any act allowed for under the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA), or any tenure;
  • the exercise of any powers and functions under the Conservation and Land Management Act 1987 (WA) and the Wildlife Conservation Act 1950 (WA); and
  • the exercise of any act done under other applicable legislation as a consequence of the creation of the Conservation Estate.

The parties irrevocably consent to:

  • the reservation of the Eighty Mile Beach Marine Park Intertidal Area for the purposes of a "marine park" under section 13 of the Conservation and Land Management Act 1984 (WA), its classification as "class A", and its vesting in the Commission under section 7 of the Conservation and Land Management Act 1984 (WA).
  • the reservation of the Walyarta Conservation Park Area under section 41 of the Land Administration Act 1987 (WA) for the purpose of "conservation park" and its joint vesting in the Commission and the Nyangumarta Karajarri Aboriginal Corporation; and
  • to the reservation of the Nature Reserve Area (beach) under section 41 of the Land Administration Act 1987 (WA) for the purpose of "conservation of flora and fauna" (nature reserve) and its classification as "class A" under section 42 of the Land Administration Act 1987 (WA) and its joint vesting in the Commission and the Nyangumarta Karajarri Aboriginal Corporation.

Native Title in the Agreement Area:

The ILUA area is within the area of native title recognised on 25 May 2012 in Hunter & Ors v State of Western Australia [2012] FCA 690 (FCA file no.: WAD6281/1998, NNTT File no: WCD2012/001).


Related Entries

Organisation
  • National Native Title Tribunal
  • State of Western Australia - Signatory
  • Conservation Commission of Western Australia (now the Conservation and Parks Commission) - Signatory
  • Nyangumarta Karajarri Aboriginal Corporation - Signatory
  • 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)
  • Conservation and Land Management Act 1984 (WA)
  • Wildlife Conservation Act 1950 (WA)
  • People
  • CEO of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body - Signatory
  • Minister for Environment (Western Australia) - Signatory
  • Minister for Lands (Western Australia) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2017/002 as at 17/06/2017 (NKAC KSCS Eighty Mile Beach ILUA) - ( Thumbnail | PDF | PDF | PDF | PDF | PDF)

    Glossary

    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) | Aboriginal and Torres Strait Islander (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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