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Yungngora Aboriginal Corporation RNTBC, Buru Energy Limited and Diamond Resources (Canning) Pty Ltd Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 September 2016
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Great Sandy Dessert

State/Country:Western Australia, Australia
The agreement 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 17 March 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI22016/011
Subject Matter:Access | Exploration | Future Act | Housing, Construction and Infrastructure | Land Use | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2016/011
Summary Information:

The Yungnora Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC'), Buru Energy Limited and Diamond Resources (Canning) Pty Ltd Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between Yungnora Aboriginal Corporation RNTBC, Buru Energy Ltd, and Diamond Resources (Canning) Pty Ltd.

The agreement area covers about 1,768 sq km, in the vicinity of Noonkanbah extending north of the Fitzroy River.

The purpose of the agreement is to provide consent for the Buru/Diamond Resources (Canning) petroleum exploration and operation project.

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

Detailed Information:

Agreement area:

The agreement area covers about 1,768 sq km, in the vicinity of Noonkanbah extending north of the Fitzroy River.

The extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per schedule 1 of the agreement (attached to the extract below), as all the land and waters within the Noonkanbah Pastoral Lease Area (Lot 255 on Plan DP220190), an Unclaimed Crown Land Lot that is wholly within the Noonkanbah Pastoral Lease Area, and the part of Reserve 23266 (Stock Route) that lies within the westernmost and easternmost boundaries of the Noonkanbah Pastoral Lease Area. The agreement excludes the area within the Noonkanbah Pastoral Lease Area known as "Umpampurr", "Pea Hill Hay Paddock" or the "Pilot Site".

Commencement:

The agreement commenced on 5 September 2016, that being the date that the agreement had been signed by all the parties.

Termination:

No end date is specified in the extract.

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 any Project Title or Approval agreed to under this ILUA.

Extinguishment

Any acts done by the non-native title parties under this agreement will not extinguish native title rights and interests.

Future act provisions

The parties consent to the granting of the agreed Project Titles and Approvals. The Project involves exploring for petroleum and includes extracting, producing, refining, or transporting petroleum pursuant to the Titles and any lawful activities in connection with the Project Titles.

Background to the Agreement:

Buru and Diamond are equal joint partners under the "Joint Operating Agreement - Exploration Permit EP 371" dated 13 April 2011.

Native Title in the Agreement Area:

The agreement is within the area of native title recognised in the Noonkanbah determination, Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 (FCA file no.: WAD6229/1998; NNTT file no.: WCD2007/002).


Related Entries

Agreement
  • Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588
  • Organisation
  • National Native Title Tribunal
  • Yungngora Aboriginal Corporation - Signatory
  • Buru Energy Ltd - Signatory
  • Diamond Resources (Canning) Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2016/011 as at 17/06/2020 (Yungngora, Buru Energy and Diamond Resources ILUA) - ( Thumbnail | 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)

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