ATNS - Agreements, Treaties and Negotiated Settlements project

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Ngarluma Aboriginal Sustainable Housing (NASH) Indigenous Land Use Agreement (ILUA)
Date:	16 July 2012
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Roebourne
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State/Country:	Western Australia, Australia
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	The agreement covers about 32.5 hectares located approximately 2 kilometres north of Roebourne. The area falls within the Local Government Authority of the Shire of Roebourne.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 July 2012. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: WI2012/002
Subject Matter:
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/WI2012.002/ILUARegisterExport.pdf
Summary Information:
The Ngarluma Aboriginal Sustainable Housing (NASH) Indigenous Land Use Agreement (ILUA) was agreed between: - the State of Western Australia; - the Ngarluma Aboriginal Corporation; and - Ngarluma Ngurra Limited. The purpose of this ILUA is to provide consent for the transfer of land in order to facilitate the Ngarluma Aboriginal Sustainable Housing (NASH) program.
Detailed Information:
Background to the Agreement In 2007, the Minister of Housing established a steering Committee comprising of representatives from the Ngarluma Aboriginal Corporation to address housing provision in Roebourne. A site was selected and after negotiations, the State Government agreed to transfer the land to the Ngarluma Aboriginal Corporation. The project has begun developing a new housing estate, the Yaburriji Estate, on approximately 50 hectares of land next to Roebourne, with 380 housing lots, a school, seniors' housing and a commercial centre (Brendon Grylls, The Nationals, Media Release) Agreement Details The parties agree that a transfer of fee simple in the relevant land by the Minister to Ngarluma Ngurra Limited (NNL) is a future act. They also agree that a 'NASH Project Future Act' may be a future act. The parties consent to the Minister transferring the Land to NNL. Once NNL becomes the registered proprietor of the Land, its rights include but are not limited to the exercise of any power to sell or mortgage the whole or any portion of Land, to sub-divide the Land, to grant leases or licences over the whole or any part of the Land for any purpose or any term. The parties agree that no other native title future act processes are needed, with particular reference to the right to negotiate, in order for future acts to be done. Native Title in the ILUA Area The Ngarluma People's native title rights were recognised over a large portion of land in the Western Pilbara region in Daniel v State of Western Australia on 2 May 2005. This was the first determination of Native Title made by the Federal Court in the Pilbara region.