Ngarlawangga and Turee Creek 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, as the portion of Turee Creek Pastoral Lease that falls within the Ngarlawangga People's native title determination application WAD78/2005.

Registered with the National Native Title Tribunal 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).

The Ngarlawangga and Turee Creek Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Ngarlawangga Aboriginal Corporation and the Turee Pastoral Co Pty Ltd.

The agreement covers about 37 sq km in the Hamersley range, approximately 70 km south of Newman.

The purpose of the agreement is to provide consent for pastoral activities to occur over the part of the Turee Creek pastoral lease area which is subject to the Ngarlawangga People's native title determination apllication.

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

Commencement:

The agreement commenced as a binding contract when all parties had signed it (date not included in the Extract). It has force as an Indigenous Land Use Agreement, upon its registration.

Termination

Except for any obligations arising under clause 22 (not included in the Extract), the agreement will end when either the pastoral lease ends or by 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 agreed 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 under theis agreement that 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 provisons

The Ngarlawangga People and the Ngarlawangga Aboriginal Corporation consent to the following agreed acts 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 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 a pastoral lease to include part or all of the Stock Routes, as laid out in Schedule B, and Reserves from time to time.

"Low Impact Tourism" activities are described in the agreement as being farm tourism activities, such as station-stay accommodation and tours of the pastoral lease, the use of existing buildings and facilities for non-pastoral based tourism. This does not include tourism that involves observing activities or cultural works of Aboriginal or Torres Strait Islander people, teaching or purporting to teach Aboriginal culture.

Native Title in the Agreement Area:

The agreement is located within the area of the Ngarlawangga People's determination of native title application WAD78/2005. The agreement was made before a determination of native title was made. However, the Federal Court of Australia (FCA) recognised the Ngarlawangga People's native title to exist over parts of the determination area in the 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). The Turee Creek pastoral lease area was therein recognised to coexist with non-exclusive native tile rights and interests.

Related Entries

Documents

Glossary