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Kurungal and Christmas Creek Indigenous Land Use Agreement ('ILUA')

Category: Agreement
Date: 19 April 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 B of the Agreement, as part of Pastoral Lease N049681 (Christmas Creek), excluding Historic Road 1, that falls within Native Title Determination Application WAD6217/1998 Kurungal (WC1997/101).
State/Country:Western Australia, Australia
The area is within the jurisdiction of the Shire of Derby-West Kimberley.
Legal Status: Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 19 April 2017. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: WI2017/008
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2017/008
Summary Information:

The Kurungal and Christmas Creek Indigenous Land Use Agreement ('ILUA') was agreed under the provisions of the Native Title Act 1993 (Cth) between Tiyatiya Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) and Klopper Holdings Pty Ltd.

The agreement area covers about 882 sq km, approx. 48 km south of Fitzroy Crossing.

The purpose of the agreement is to provide consent for the native title claimants to access the land and waters before their claim is determined.

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

Detailed Information:

Details of the Agreement

Agreement Area

The agreement area covers about 882 sq km, approx. 48 km south of Fitzroy Crossing.

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule B of the Agreement, as part of Pastoral Lease N049681 (Christmas Creek), excluding Historic Road 1, that falls within Native Title Determination Application WAD6217/1998 Kurungal (WC1997/101). For more information see the documents attached below.

Commencement and Termination

The agreement is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to agreed acts, from it's registration date. The terms of termination specify the agreement comes to an end upon termination of the Pastoral Lease (No49681) or by written mutual agreement of the parties. For more information see the documents attached below.

Future act provisions

The Extract notes that there are no 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 not triggered. This means that the agreement does not: provide consent for the doing of any acts by non-native title parties; affect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor validate any previous future acts.

Native Title in the Agreement Area

This Agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Wise on behalf of the Kurungal Native Title Claim v State of Western Australia [2015] FCA 1329. (FCA file no.: WAD6217/1998, NNTT file no.: WCD2015/006).


Related Entries

Agreement
  • Wise on behalf of the Kurungal Native Title Claim v State of Western Australia [2015] FCA 1329
  • Organisation
  • Tiyatiya Aboriginal Corporation RNTBC - Signatory
  • Klopper Holdings Pty Ltd - Signatory
  • Kimberley Land Council Aboriginal Corporation
  • National Native Title Tribunal
  • Shire of Derby-West Kimberley
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Kurungal people

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2017/008 as at 30/07/2020 (Kurungal and Christmas Creek ILUA) - ( Thumbnail | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Body Corporate Agreement (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers

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