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Bellary Springs Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 8 January 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Hamersley Range

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

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 8 January 2019. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2018/012.
Subject Matter:Economic Development | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2018/012
Summary Information:

The Bellary Springs Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Minister for Lands and Yinhawangka Aboriginal Corporation RNTBC.

The agreement area covers about 8 sq km, located approximately 19 km south of Wakathuni and 28 km north east of Paraburdoo, including lot 134 on DP191256. For more detail and a depiction, please see the attached schedule 1.

The purpose of the agreement is the creation of a Reserve in the agreed area and allowance of reserve related acts by the Yinhawangka Aboriginal Corporation RNTBC as the management body, for the purpose of Yinhawangka People's social, cultural and economic development.

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

Detailed Information:

Agreement area:

The agreement area covers approximately 8 sq km, including lot 134 on DP191256 detailed in schedule 1, located approximately 18 km south of Wakathuni and 28 km northeast of Paraburdoo.

The Extract from the Register of Indigenous Land Use Agreements
describes the area subject to this ILUA, per attached schedule 1 of the agreement, as comprising Lot 134 on deposited plan 191256 (see attached
schedule 1 for a depiction of this area).

Commencement:

Procedural clauses commenced on the date on which the last of the parties executed the agreement. The ILUA commenced operating wholly from the registration of the agreement on 8 January 2019.

Termination:

This agreement will terminate on the occurrence of one of the following events (whichever happens first):

  • where the agreement area reserve has not been created or granted to the Yinhawangka Aboriginal Corporation RNTBC by 8 January 2020;
  • where non-registration occurs;
  • where all parties agree in writing to the end of the agreement; or
  • where the agreement is removed from the ILUA register 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 to agreed acts.

Extinguishment

As the parties have agreed the land transactions do not extinguish native title rights and interests, the non-extinguishment principle as per s 24EB(4) of the Native Title Act (Cth) applies. The creation of a reserve as per the agreement will therefore not extinguish the native title rights and interests in the area.

Future act provisions:

The parties consent to the following agreed acts, defined in the agreement as 'land transactions':

  • the creation of the agreement area reserve;
  • the grant of the management order (pursuant to ss 46(1) and (3) of the Land Administration Act 1997 (WA)) to the management body (the Yinhawangka Aboriginal Corporation RNTBC);
  • the exercise of all rights, powers and obligations to give effect to these acts; and
  • the doing of any and all acts relevant to the doing of land transactions set out above.

Background to the Agreement:

This ILUA represents the completion of the transfer of the management of the Bellary Springs Reserve from the Rocklea Station pastoral lease to the Yinhawangka Aboriginal Corporation. To ensure effective management, the Corporation prepared a management plan identifying opportunities for improvement in future management (Yinhawangka Aboriginal Corporation).

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801. (FCA File No.: WAD216/2010, NNTT File No.: WCD2017/003).


Related Entries

Organisation
  • National Native Title Tribunal
  • Yinhawangka Aboriginal Corporation RNTBC - Signatory
  • Shire of Ashburton
  • 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)
  • People
  • Minister for Lands (Western Australia) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2018/012 as at 08/01/2019 (Bellary Springs ILUA). - ( Thumbnail | 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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