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Westside 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:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 part 1 of the Agreement, as all the land comprising Lots 3000 and 3001 as shown on deposited plan 51359.

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.: WI2018/013.
Subject Matter:Economic Development | Future Act | Land Use | Native Title
Summary Information:

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

The agreement area covers about 20 sq km, generally located along the Paraburdoo Tom Price Road between Wakathuni and Bellary Spring Community.

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 20 sq km, and is generally located along the Paraburdoo Tom Price Road, between Wakathuni and the Bellary Spring Community.

Commencement:

Procedural clauses commenced operating on the date which the last of the parties executed the agreement. The ILUA commenced operating 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 reserve has not been created or the management order has not been granted to the Yinhawangka Aboriginal Corporation by 8 January 2020;
  • where non-registration occurs;
  • where all parties agree in writing to end the agreement; or
  • where the agreement is removed from the ILUA register as per s 199C of the Native Title Act 1993 (Cth).

Apart from these reasons, the parties are not entitled to terminate this agreement for reasons of breach or repudiation of the agreement.

Native Title Provisions:

Right to negotiate

The parties have agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed acts.

Extinguishment

The parties have agreed that this ILUA does not extinguish native title rights and interests. Therefore, as per ss 24EB(3), the creation of a reserve on the ILUA area cannot be interpreted to extinguish the native title rights and interests in the area.

Future act provisions

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

  • the creation of a reserve in the ILUA area;
  • the grant of the management order (pursuant to s 46(1) and (3) of the Land Administration Act 1971 (WA)) to the Yinhawangka Aboriginal Corporation;
  • 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.

Native Title in the Agreement Area:

The 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

Agreement
  • Jones on behalf of the Yinhawangka people v State of Western Australia [2017] FCA 801
  • 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)
  • People
  • Yinhawangka People
  • Minister for Lands (Western Australia) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2018/013 at at 8 January 2019 (Westside 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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