Kooline Pastoral Lease Land Addition Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 May 2018
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 of the Agreement, as Lot 40 on Deposited Plan 37544.
State/Country:Western Australia, Australia
The area is within the jurisdiction of the Shire of Ashburton and Shire of Upper Gascoyne.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 28 May 2018. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native title Tribunal File No.: WI2008/001
Subject Matter:Access | Land Transaction | Land Use | Local Government | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2018/001
Summary Information:

The Kooline Pastoral Lease Land Addition Indigenous Land Use Agreement ('ILUA') was agreed under the provisions of the Native Title Act 1993 (Cth) between:

  • the Minister for Lands (WA);
  • Stamco Beef Pty Ltd; and
  • the Jurruru Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC').

The agreement area covers about 338 sq km, approx. 80 km west of Paraburdoo.

The purpose of the agreement is to allow land to be leased to Stamco Pty Ltd for pastoral purposes.

The Native Title Representative Body for this area is the Yamatji Marlpa Aboriginal Corporation.

Detailed Information:

Agreement Area

The agreement area covers about 338 sq km, approx. 80 km west of Paraburdoo. Details regarding the area are contained in schedule 1 of the agreement, attached below in documents.

Commencement

The agreement is binding from the date that the last party signed the agreement, except for clauses 3 and 4 regarding future acts and benefits which commence on the commencement date. The commencement date is the date the agreement is registered and entered on the Register of Indigenous Land Use Agreements: 28 May 2018.

Termination

The agreement will be terminated upon whichever event occurs first:

  • where non-registration occurs (clause 8.6)
  • where all parties agree to terminate
  • where the agreement is removed from the Register (s 199C Native Title Act 1993 (Cth))

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.

future act provisions

The Extract notes there are statements within the agreement of the kind which are mentioned in s 24EB(1) of the Native Title Act 1993 (Cth). This means each party consents to non-native title parties performing the agreed land transactions, subject to the terms of the agreement. Specifically, the parties agree to:

  • the agreement area being leased to Stamco Beef Pty Ltd;
  • the area being amalgamated into the pastoral lease land, under s 87 of the Land Administration Act 1997 (WA); and
  • the area being used in accordance with the terms of the pastoral lease.

Native Title in the Agreement Area

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Smirke on behalf of the Jurruru People v State of Western Australia [2015] FCA 939 (FCA File No.: WAD6007/2000, NNT File No.: WCD2015/002).


Related Entries

Agreement
  • Smirke on behalf of the Jurruru People v State of Western Australia [2015] FCA 939
  • Organisation
  • Stamco Beef Pty Ltd - Signatory
  • Jurruru Aboriginal Corporation - Signatory
  • Yamatji Marlpa Aboriginal Corporation
  • National Native Title Tribunal
  • Shire of Ashburton
  • Upper Gascoyne Shire
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Administration Act 1997 (WA)
  • People
  • Minister for Lands (Western Australia) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2008/001 as at 17/06/2020 (Kooline Pastoral Lease Land Addition ILUA) - ( Thumbnail | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Lease | Aboriginal Corporation (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia)