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Dambimangari KSCS Marine Parks Indigenous Land Use Agreement ('ILUA')

Category: Agreement
Date: 21 February 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 in Schedule 1 and 2 of the Agreement. 

State/Country:Western Australia, Australia
The area is within the jurisdiction of the Shire of Wyndham-East Kimberley and the Shire of Derby/West Kimberley.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21/02/2017. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2016/012
Subject Matter:Access | Marine | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2016/012
Summary Information:

The Dambimangari KSCS Marine Parks Indigenous Land Use Agreement (ILUA) was registered with the National Native Title Tribunal on 21/02/2017. It is a body corporate agreement made under the Native Title Act 1993 (Cth) between:

  • State of Western Australia
  • Wanjina-Wunggurr (Native Title) Aboriginal Corporation Registered Native Title Body Corporate, care of the Kimberley Land Council
  • Dambimangari Aboriginal Corporation
  • Aboriginal Affairs Planning Authority
  • Minister For Aboriginal Affairs
  • Minister For Lands
  • Minister for Environment
  • Conservation And Parks Commission
  • CEO of the Department of Parks and Wildlife, acting through the
    Conservation and Land Management Executive Body

The ILUA covers about 11,637 sq km in the vicinity of Collier Bay and Prince Recent River,
approximately 60 km northeast of Derby.

The purpose of the ILUA is to provide consent for the creation of three adjoining marine parks and their joint management by a board comprising traditional owners and State goverment representatives.

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

Detailed Information:

Detail of the Agreement

Commencement:

Clauses 2, 3, 4, 5, 6, 7, 15, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of the agreements operate from the Execution Date. The remaining clauses operate from the Commencement Date.

The Agreement continues indefinitely, subject to clause 6.3.

Termination:

Under clause 6.3, the agreement terminates only on the occurrence of the following events, whichever occurs first:

  • the agreement ceases in accordance with clause 5.6; or
  • all parties agree in writing to end the agreement; or
  • the Determination is revoked in accordance with the Native Title Act 1993 (Cth); or
  • the agreement is removed from the Register of ILUAs by the Native Title Registrar in accordance with section 199C of the Native Title Act 1993 (Cth); or
  •  a replacement agreement comes into effect in accordance with clause 18.5.

Native Title Provisions:

Right to negotiate

The parties confirm that Lalang-garram / Camden Sound Marine Park (Dambimangari Part) (Subtidal) has been validly created by reservation under section 13 of the Conservation and Land Management Act 1984 (WA) ('CLM Act').

In consideration of the joint management, the Parties irrevocably consent to:

  • following the excision of the Lalang-garram / Camden Sound Marine Park Intertidal Excision Area from Kunmunya Reserve 23079, the reservation and classification as class A of the Lalang-garram / Camden Sound Marine Park Intertidal Area (to be added to the Lalang-garram / Camden Sound Marine Park (Dambimangari) (Subtidal)) under section 13 of the CLM Act and the vesting of that reserve in the Conservation and Parks Commission ('the Commission') under section 7 of the CLM Act;
  • the reservation and classification as class A of the North Lalang-garram Marine Park Area under section 13 of the Conservation and Land Management Act and the vesting of that reserve in the Commission under section 7 of the CLM Act; and
  • following the excision of the Lalang-garram / Horizontal Falls Marine Park Intertidal Excision Area from Kunmunya Reserve 23079, the reservation and classification as class A of the Lalang-garram / Horizontal Falls Marine Park Area under section 13 of the CLM Act, and the vesting of that reserve in the Commission under section 7 of the CLM Act.

Future act provisions

The parties irrevocably consent to the future acts set out in the agreement, to the extent that they are future acts, with the intent that such statements of consent satisfy the requirements of section 24EB(1)(b) of the Native Title Act 1993 (Cth)

The parties agree to the doing of certain future acts, specifically, the parties' consent to:

  • in respect of an area of land that is wholly or partly within the Conservation Estate, the granting, issue or creation of any Tenure;
  • the exercise of any right or the discharge of any obligation, now and in the future, under: 1) the Conservation and Land Management Act and the Wildlife Conservation Act and any regulations made under those Acts; 2) any Tenure;
  • the exercise, now and in the future, of the various powers and functions under the Conservation and Land Management Act and the Wildlife Conservation Act and any regulations made under those Acts, including the preparation and approval of management plan(s) for the Conservation Estate; and
  • the exercise of any right or the discharge of any obligation, now and in the future, that arises under other applicable legislation as a consequence of the creation of the Conservation Estate

Native Title in the Area

This agreement is located within the area of native title recognised by the Federal Court of Australia (FCA) in the proceeding Barunga v State of Western Australia [2011] FCA 518. (FCA File No.: WAD 6061/1998)


Related Entries

Agreement
  • Barunga v State of Western Australia [2011] FCA 518
  • Organisation
  • National Native Title Tribunal
  • State of Western Australia - Signatory
  • Wanjina-Wunggurr (Native Title) Aboriginal Corporation RNTBC - Signatory
  • Dambimangari Aboriginal Corporation - Signatory
  • Aboriginal Affairs Planning Authority - Signatory
  • Conservation and Parks Commission Western Australia - Signatory
  • Kimberley Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Minister for Aboriginal Affairs (Western Australia) - Signatory
  • Minister for Lands (Western Australia) - Signatory
  • Minister for Environment (Western Australia) - Signatory
  • Chief Exective Officer of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of of Indigenous Land Usage Agreements for WI2016/012 as at 06/09/2017 - ( Thumbnail | PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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