Fossil 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 Fossil Downs pastoral lease (NO50221) that falls within native title determination WAD94/2012 Bunuba People #2 Part A (NNTT File No.: WCD2015/009).

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 Fossil Downs 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 W.N.M. MacDonald Pty Ltd.

The agreement area covers 18.2 sq km, approximately 78km north east of Fitzroy Crossing Townsite. 

The purpose of the agreement is to allow the Fossil Downs patoralist and the Bunubu People to both exercise their rights and interest over the agreement area.

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

The agreement allows access to the native title land and waters over the area subject to the pastoral lease.

Commencement:

The agreement is binding as a contract from the date it is signed 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 will end:

• when the pastoral lease comes to an end; or
• by the written agreement of the parties.

If requested by either party, the Pastoralists and the Bunuba Dawangarri Aboriginal Corporation RBNTC, as well as the Bunuba People, will review the agreement 2 years after the commencement date and every two years after that.

Native Title Provisions:

Future Acts 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.

Native Title in the Agreement area:

The agreement is located within the native title determination area in the Federal Court of Australia (FCA) proceeding 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). The ILUA covers an area that is subject to the Bunuba People's non-exclusivie native title rights and interests.

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