Ngarlawangga and Prairie Downs Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA per Schedule B of the Agreement, as the portion of Prairie Downs Pastoral Lease (N050553) that falls within the Native Title Determination Application WAD78/2005 Ngarlawangga People (NNTT File No.: WC2005/003).

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 5 May 2017.

This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Ngarlawangga and Prairie Downs Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Ngarlawangga Aboriginal Corporation and Sunblade Holding Pty Ltd.

The agreement covers about 1,575 sq km in the Hamersley Range, approximately 35 sq km south west of Newman.

The purpose of the agreement is to allow access and pastoral activities on the land and waters which are subject to both the Prairie Downs Pastoral Lease and the Ngarlawangga People's native title determination application.

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

Commencement: 

The agreement is binding on both parties from the date it that the last party signs. It has force as an ILUA, from the date it is entered upon the Register of Indigenous Land Use Agreements.

Termination:

Except for any obligations made under clause 22 (not included in the Extract), the agreement will end when the pastoral lease ends or by the written mutual agreement of the parties.

Native Title provisions

Right to negotiate

The parties agree that the right to negotiate under the Native Title Act 1993 (Cth) does not apply to any of the agreed acts (see future acts below).

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the Native TItle Act 1993 (Cth) any of the activities authorised by this agreement which may be inconsistent with native title rights and interests do not extinguish those rights and interests, instead they are revived when the activities are finished.

Future act provisions

The Ngarlawangga People and the Ngarlawangga Aboriginal Corporation consent to the following acts, but only to the extent that they comply with clause 12 (Agreed Future Acts) of the agreement:

• the renewal, re-making, extension, replacement or re-grant of the pastoral lease from time to time;
• the granting of a license, permit or authorisation for the purpose of agricultural activities, including variation and intensification of related activities, on the pastoral lease;
• the granting of leases, licences and permits to allow for "Low Impact Tourism" activities to be conducted from time to time; and
• the granting of a pastoral lease in relation to part or all of the Stock Routes (as set out in Schedule B) or Reserves from time to time.

The Extract describes "Low Impact Tourism" activities as farm/pastoral tourism activities (such as station-stay accommodation and tours of the pastoral lease) and the use of existing buildings and facilities for non-pastoral based tourism. "Low Imapct Tourism" does not include observing activities or cultural works of Aboriginal or Torres Strait Islander people, or activities that teach or purport to teach Aboriginal culture.

Native Title in the Agreement Area

The Ngarlawanngga People's application for a determination of native title, covering the area subject to this agreement, was determined on 7 December 2016 in the Federal Court of Australia (FCA) proceeding Limmerick on behalf of the Ngarlawangga People v State of Western Australia [2016] FCA 1442 (FCA File No.: WAD78/2005; NNTT File No.: WCD2016/007). It was then determined by consent that exclusive and non-exclusive native title rights exist in parts of the determination area; the Prairie Downs Pastoral Lease area being subject to non-exclusive native title rights and interests.

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