Yawuru Nagulagun/Roebuck Bay Marine Park Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the areas subject to this ILUA, per Schedule 1 of the agreement, as the Yawuru Nagulagum/Roebuck Bay Park Intertidal Area, comprising Lot 609 (Reserve 51046) on Landgate Deposited Plan 70314, and the Yawuru Nagulagun/Roebuck Bay Marine Park (Adjacent Area). Both areas include Western Australian waters, the airspace above those waters, the seabed below those waters, and the subsoil to a depth of 200 meters below the seabed of the lot.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 13 December 2016. This is an body corporate agreement under the Native Title Act 1993 (Cth).

The Yawuru Nagulagun / Roebuck Bay Marine Park Indigenous Land Use Agreement (ILUA) was made under the provisions of the Native Title Act1993 (Cth) between:

• the State of Western Australia;
• the Yawuru Native Title Holders Aboriginal Corporation (RNTBC);
• the Minister for Environment for the State of Western Australia;
• the Minister for Lands for the State of Western Australia;
• the Conservation and Parks Commission; and
• the Chief Executive Officer of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body.

The agreement covers an area of about 380 sq km of land and water in the vicinity of Roebuck Bay and to the south east of Broome.

The purpose of the agreement is to provide consent for the Yarawuru Nagulagun/Roebuck Bay Marine Park Intertidal Area to be reserved, classified and managed under the Conservation and Land Management Act 1984 (WA).

The Native Title Representative Body for this area is the Kimberley Land Aboriginal Council Corporation.

Details of the Agreement

Native title provisions

This agreement applies to the ILUA area and the Yawuru Nagulagun/Roebuck Bay Marine Park (Adjacent Area) (see Schedules 1 and 2 of the Extract below for the desciption and map of this area).

In relation to the Yawuru Nagulagun/Roebuck Bay Marine Park (Adjacent Area), the parties acknowledge and agree that

• the Yawuru Nagulagun/Roebuck Marine Park (Adjacent Area) does not form part of the ILUA Area for the purposes of section 24BC of the Native Title Act, but is included in the Agreement as part of the consideration; and
• references in this agreement to consent to future acts and the application of the non-extinguishment principle do not apply to the Yawuru Nagulagun / Roebuck Bay Marine Park (Adjacent Area)

Right to negotiate:

The right to negotiate provisions under Part 2, Division 3, subdivision P of the Native Title Act 1993 (Cth) do not apply to the Future Acts (see below), and those Future Acts are valid if done in accordance with this agreement.

Extinguishment:

The parties agree that the non-extinguishment principle under s 24EB (3) of the Native Title Act 1993 does not apply. This means that any of the activities authorised under this ILUA which may be inconsistent with native title rights and interest do extinguish those interests.

Future act provisions:

The Parties irrevocably consent to, the reservation, and classification as class A, of the Yawuru Nagulagun/Roebuck Bay Marine Park Intertidal Area as a Marine Park under section 13 of the Conservation and Land Management Act 1984 (WA) and to the vesting of that reserve in the Commission, under section 7 of the same act.

The consent to the doing of the acts includes consent to, in respect of any land or waters within the Yawuru Nagulagun/Roebuck Bay Marine Park Intertidal Area:

• the granting, issue or creation of any Tenure (excluding any lease);
• the exercise of any right or the discharge of any obligation, now and in the future, under the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA) and any regulations made under those Acts, and any Tenure;
• the exercise, now and in the future, of the various powers and functions under the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA) and any regulations made under those Acts, including the preparation and approval of management plan(s)
• the exercise of any right or the discharge of any obligation, now and in the future, that arises under other applicable legislation as a consequence of the creation of the Marine Park.

Native Title in the Area

The ILUA is located within the native title area recognised on 4 November 2019 in the Federal Court of Australia (FCA) proceedig Manolis on behalf of the Yawuru Community v State of Western Australia [2019] FCA 1781 (FCA File No.: WAD655/2015, NNTT File No: WCD2019/013).

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