Mt House Station Indigenous Land Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this Indigenous Land Use Agreement, per Attachment A of the Agreement, as the portion of the Mt House Pastoral Lease that falls within Native Title Determination WAD94/2012 Bunuba People #2 Part A.

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

The agreement area covers 811.2 sq km, approximately 100 km north east of Fitzroy Crossing Townsite, in the King Leopold Ranges of northern Western Australia.

The purpose of the agreement is to allow the native title holders access to the land and waters subject to the Mt House pastoral lease as laid out in Annexure A of the agreement.

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

Agreement area:

The agreement area contains the portion of the Mt House pastoral lease (N049810) as laid out in Annexure A of the agreement. The agreement allows for the area to be varied from time to time in accordance with the terms of the agreement.

Commencement:

The agreement has force as a contract upon being signed by all the parties. 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 further rights or obligations under it; or (b) the parties mutually agree in writing that it is ended. 

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

Native Title Provisions:

The Extract notes that there are no statements within the agreement of the kind which are 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 by this agreement. This means 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.

Background to the Agreement

The agreement is located within the native title determination area of the Federal Court of Australia (FCA) proceeding Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481 (Bunuba People #2 Part A) (FCA file no.: WAD94/2012; NNTT file no.: WCD2015/009). The proceeding recognised by consent that the Bunuba People hold native title over land and waters in the vicinity of Fitzroy Crossing in the Kimberley region of Western Australia. Exclusive and non-exclusive native title rights and interests were recognised, with the portion of the Mt House pastoral lease being an area of non-exclusivity. Mt House Station Pty Ltd was a party to the proceeding.

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