Napier Downs Station Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Attachment A of the Agreement, as the portion of the Napier Downs Pastoral Lease that falls within the Bunuba People #2 Part A Native Title Determination.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 25 July 2017.

This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Napier Downs Station Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of Native Title Act 1993 (Cth), between the Bunuba Dawangarri Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC') and Napier Corporation Pty Ltd.

The agreement area covers 474.4km, approximately 90km north west of Fitzroy Crossing Townsite. in the Kimberley region of Western Australia.

The purpose of the agreement is to provide mutual consent to access over the land and waters that are subject to both the Bunuba People's native title rights and the Napier Downs pastoral lease.

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

Agreement Aea:

The agreement area is set out in Annexure A of the agreement, and described as the portion of the Napier Downs Pastoral Lease (NO49855 and NO49720) that falls within the Bunuba People #2 Part A native title determination (Federal Court file no.: WAD94/2012; NNTT file no.: WCD2015/009).

Commencement:

The agreement has force as a contract from the date it is executed by all parties (not specified in the Extract). It has force as an Indigenous Land Use Agreement from 25 July 2017 (the registration date).

Termination:

The agreement continues until: (a) the parties no longer have any further rights or obligations under it; or (b) the parties end it by written agreement.

The agreement is subject to review by the Pastoralists, the Bunuiba Dawangarri Aboriginal Corporation RBNTC and the Bunuba People two years after the commencement date, and every two years thereafter.

Native Title Provisions:

The agreement does not provide consent for the doing of any acts by non-native title parties; effect 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 Agreement Area

The agreement area is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Brooking on behalf of the Bunuba People (Bunuba People #2) v State of Western Australia [2015] FCA 1481 (FCA file no.: WAD94/2012; NNTT file no.: WCD2015/009). The Bunuba People's native title was recognised to exist, with the consent of the parties, over land and waters in the vicinity of Fitzroy Crossing in the Kimberley region of Western Australia. Exclusive and non-exclusive native title exists within the determination area, with the portion of the pastoral lease in the Napier Downs Indigenous Land Use Agreement being an area of non-exclusive native title. Napier Corporation Pty Ltd was a party to the proceeding.

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