Kimberley Downs Station Indigenous Land Use Agreement (ILUA)

The ILUA is made between Jock Hugh MacLachlan and Callum Hugh MacLachlan, and the Bunuba Dawangarri Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to provide consent for access to the pastoral lease area.

The Native Title Registered Body is the Kimberley Land Council Aboriginal Corporation.

Details of the Agreement:

The ILUA area covers 53.6 sq km, approximately 35 km north west of Fitzroy Crossing Townsite.

Commencement:

The ILUA was registered on 25 July 2017.

Termination:

The ILUA will terminate automatically if the Pastoral Lease comes to an end, or by written mutual agreement by all parties.

Native Title Provisions:

Future act provisions

The Extract notes that there are no statements within the ILUA of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered. This means that the ILUA does not: provide consent for the doing of any acts by non-native title parties; affect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor validate any previous future acts.

Native Title in the ILUA Area:

The ILUA area is within the native title determination Wurrunmurra v State of Western Australia [2012] FCA 1399 (FCA file no.: WAD6133/1998, NNTC file no.: WCD2012/006) and Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481 (FCA file no.: WAD94/2012, NNTT file no.: WCD2015/009).

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