Yawuru Prescribed Body Corporate Indigenous Land Use Agreement (ILUA) - Broome
|Date: ||24 May 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Western Australia, Australia|
|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: '616 sq kms of land and water within the vicinity of Broome and is over the WAD6006/98 and WAD223/06 Rubibi determination area.'|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 May 2010. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth)|
|Legal Reference: ||National Native Title Tribunal File No.:WI2010/003|
|Payments:||Compensation - A total payment package of $50,500,000 will made to the Yawuru people over 5 years. The payments will be allocated for the following purposes:
Nyamba Buru Yawuru Ltd - $10,000,000;
Capacity Building - $1,000,000;
Economic Development - $15,000,000;
Cultural Preservation Fund - $3,000,000;
Social Housing - $20,000,000;
Joint Management Plan - $500,000;
Transitional Funding - $1,000,000;
|Subject Matter:||Compensation | Cultural Heritage | Economic Development | Environmental Heritage | Land Use | Native Title | Native Title - Extinguishment | Tourism | Water|
|Summary Information: |
|The Yawuru People of the Broome region in Western Australia first made a native title application in 1994. During a complex and lengthy journey pursing their claims, two determinations of native title were made for the Rubibi 6 (2001) and Rubibi Community (2006) applications. In these determinations the Federal Court found that 5,300sq km of land in and around Broome was subject to Native Title. The signing and registering of the Yawuru Prescribed Body Corporate ILUA and the Yawuru Area Agreement ILUA provide final resolution for matters arising from these native title determinations.|
Click here to view a map of the area.
The agreements provide the Yawuru people with a $196 million package comprising land and money. The PBC agreement also provides opportunities for members of the Yawuru Community to be employed on development projects related to the agreement and to be trained and employed as rangers for the Conservation Estates created under the agreement.
The spirit of the agreement is highlighted in the recitals which state 'The State and the Yawuru Community have negotiated this indigenous land use agreement under the Native Title Act 1993 (Cth) to give expression to the determination of native title by the Federal Court of Australia and to allow for the future development of Broome whilst also recognising and protecting Aboriginal heritage and the environment and providing compensation to the Yawuru Community for the loss and impairment of native title rights and interests.'
The Western Australian Minister for Environment, Donna Faragher, said “One of the main goals of the agreement is to provide opportunities for Aboriginal people to work on their own country and be involved in decision-making on how that country is managed..."
The Yawuru Prescribed Body Corporate ILUA covers 616 sq kms of land and water within the vicinity of Broome.
|Detailed Information: |
|The Yawuru Registered Native Title Body Corporate (RNTBC) is the registered prescribed body corporate. Nyamba Buru Yawuru Ltd is the organisation which will receive and manage assets and monies on behalf of Yawuru RNTBC.|
The total compensation package for the Yawuru native title holders is comprised of land grants, creation of a conservation estate and includes monetary payments.
The Yawuru consent to release State from all compensation liability in relation to all of the Future Acts and Past Acts described in the ILUAs.
Native title is extinguished in relation to a number of areas and is suppressed in other areas to allow for development for public purposes, such as drainage and roads.
Right to negotiate provisions do not apply: the parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Maps of the areas which are the subject of this agreement are available here.
Details of the Agreement
Transfer of Freehold Title
This ILUA provides for the transfer of unconditional freehold title by the State to Nyamba Buru Yawuru. Schedule 5 of the agreement details land which will be transferred in fee simple to Nyamba Buru Yawuru.
Land will be transferred upon the written request from Nyamba Buru Yawruru.
Native title rights and interests for each parcel of land transferred are surrendered and extinguished.
Land to be transferred includes land in and around Broome along Bernard Way, Dora Street, Palmer Road, Cable Beach Road East, Broome Road Heavy Industrial Land, Coconut Wells, Cable Beach Road West, Gubinge Road, Roebuck Estate and Fairway Drive (North).
If land is not transferred within 60 days of receiving the written request, the State shall pay rent at the market value to Nyamba Buru Yawruru.
The State is obliged to ensure particular parcels of land (at Cable Beach East, Roebuck Estate West and Sewerage Farm) are free from rubbish and contamination within 60 days of the registration of the agreement.
Broome Road Airport Site and Heavy Industrial Land
The agreement provides that the notice must be given to Nyamba Buru Yawuru before the clearing of the airport site and heavy industrial land areas. This is to enable the Yawuru people to collect and remove seeds of native vegetation.
Unneeded topsoil from the sites may also be delivered to and stored by Nyamba Buru Yawuru. The purpose is to enable Nyamba Buru Yawuru to facilitate revegetation of native species, which may be sold at commercial rates by them.
Yawuru business involvement and employment
The agreement also provides that during the development phase of the Broome Road sites, tender bids will be encouraged from and priority will be given to Yawuru tenderers and to tenderers who have employment strategies that ensure no less than 10% of the employees are members of the Yawuru Community.
Under the agreement, native title rights relating to Port Land will be suppressed. This will enable a 99 year lease of part of this land to be granted Nyamba Buru Yawuru for an anuual rental of $1.00. Nyamba Buru Yawuru will then sub-lease the land to the Broome Regional Port Authority at an agreed rental rate.
Thangoo Perpetual Lease
A perpetual lease will be given to Yawuru RNTBC over a total of 13 hectares of Thangoo Land, for the purpose of Aboriginal use and enjoyment. There are a number of culturally significant areas within the Thangoo pastoral lease. Under the agreement, the State will negotiate with the lessees of this land to excise the areas of significance and turn them into freehold areas of the Conservation Estate.
In relation to the Port and Thangoo leases, the non-extinguishment principle applies. This means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised in this section which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.
Creation of an Airport
Native title rights and interests described in Part 1 of Schedule 8 of the agreement will be extinguished, with the intention that this land be used for an airport.
Creation of Conservation Estate
Parties will create a Conservation Estate on land detailed in Schedule 9 of the agreement. This includes Freehold Areas, Townsite Areas and Roebuck Bay and Cable Beach intertidal areas. The Conservation Estate will be funded by the state through the WA Department of Environment and Conservation. A total of $4,500,000 over 4 years will be used for the joint management of the Conservation Estate.
Parties consent to future acts done in relation to the management of the Conservation Estate and the non-extinguishment principle applies to these areas.
The Conservation Estate will be managed under a Joint Management Agreement which was established between the State, the Minister for Lands, the Minister for the Environment, The Conservation Commission, the Marine Authority, the Executive Body, the Shire and Yawuru RNTBC.
The Freehold, Intertidal Areas and Townsite areas will be reserved under the Land Administration Act 1997 (WA) for the purposes of conservation, recreation and traditional and customary Aboriginal use and enjoyment. The Yawuru RNTBC will be jointly responsible with the Conservation Commission for the care, control and management of the Freehold and Intertidal reserves. The Shire will also be responsible for the management of the Cable Beach intertidal area. The Townsite reserves will be managed by the Yawuru RNTBC and the Shire with assistance from the Executive Body.
The state will fund a program which will train Yawuru Community members to be rangers and to gain accreditation which will enable them to be employed as officers to patrol the Conservation Estate and other areas. This will be facilitated by the creation of full time DEC field officer positions in Broome specifically for Yawuru rangers. Senior ranger and management positions will also be created and filled by members of the Yawuru community where suitably qualified.
The goal stated in the agreement is that all rangers in the Conservation Estate will be Yawuru Community members within 5 years of the registration of the agreement.
A total of $50,500,000 will be paid in the 5 years following registration of the agreement to Nyamba Buru Yawuru for a range of purposes which include capacity building, economic development, a cultural preservation fund, social housing fund, joint management plan and transitional funding.
Memorandum of Understanding
The parties will enter into a MOU which will deal with heritage issues arising from time to time. The aim of the MOU will be to acknowledge the Yawuru Community’s primary and principal interest and rights in protecting and preserving heritage and to ensure that the Yawuru RNTBC is consulted about heritage issues in the first instance.