Birriliburu Sandalwood Indigenous land Use Agreement (ILUA)

The Birriliburu Sandalwood Indigenous Land Use Agreement (ILUA) was made under the provisions of the Native Title Act 1993 (Cth)  between:

• the Minister for Lands, a body corporate under section 7(1) of the Land Administration Act 1997 acting for and on behalf of the State of Western Australia; and
• the Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) Registered Native Title Body Corporate (RNTBC).

The ILUA covers about 3376 sq km located in the vicinity of Mungilli, Western Australia, consisting of Lot 360 on Deposited Plan 412419.

The purpose of the ILUA is to create a Reserve over the UILUA area for sandalwood harvesting under the management of the Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation,

The registered Native Title Representative Body for the area is the Central Desert Native Title Services.

Details of the Agreement:

Commencement:

The ILUA commenced on 18 June 2018.

Termination:

The ILUA will terminate on the occurrence of any of the following events:
(a) where clause 8.6 (dealing with the consequences of non-registration) occurs;
(b) where all parties agree in writing to end the ILUA; or
(c) where the ILUA is removed from the Register of Indigenous Land Use Agreements.

Native Title Provisions:

Future Acts:

Each Party consents to the following land transactions, which satisfies the requirements of s 24EB(1)(b) Native Title Act 1993 (Cth):

• the creation of a Reserve over the whole of the ILUA area for sandalwood harvesting;
• the placing of the care, control and management of the reserve with the Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation (MNR), including the power to lease, sub-lease, or licence the whole or any part of the ILUA area for sandalwood harvesting for no longer than 21 years and subject to other conditions that the Minister for Lands may specify:

The MNR will comply with all applicable State, Commonwealth and local government laws in relation to the use of any part of the land.

The MNR will submit to the Minister for Lands for approval a plan for the development, management and use of the land.

Right to negotiate:

The right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the Land Transactions.

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