Bunuba Conservation Parks Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 2 of the Agreement, as covering: Brooking Gorge Conservation Park; Devonian Reef Conservation Park; Geike Gorge Conservation Park; Geike Gorge National Park; King Leopold Ranges Additional Area; King Leopold Ranges Conservation Park (Bunuba Part); Tunnel Creek National Park; Windjana Gorge Conservation Park Area; Windjana Gorge National Park (excluding the Fairfield-Leopold Road); and certain "Future Areas".

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 16 May 2017.

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

The Bunuba Conservation Parks Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• the State of Western Australia;
• Bunuba Dawangarri Aboriginal Corporation Registered Native Title Body Corporate (RNTBC);
• Minister for Lands;
• Minister for Environment;
• Conservation and Parks Commission; and
• the CEO of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body.

The agreement area covers about 1,726 sq km in the vicinity of Leopold Range, in northern Western Australia, approximately 150km east of Derby.

The purpose of the agreement is to allow the parties the powers, rights and obligations necessary for the management of the existing national and conservation parks, as well as providing for other the "Future Areas" within the Bunuba People #2's native title claim area to be added to any of those parks.

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

Commencement:

The agreement commences on the date it is entered on the Register of Indigenous Land Use Agreements. The Extract notes that some clauses, as listed, are binding as of 24 January 2017 (the date the last party signed the agreement).

Termination:

The agreement will will only terminate if:

• clause 4.6 comes into effect (the content of this clause is not included in the Extract); or
• the parties agree in writing; or
• the Banuba People #2's native title determination is revoked in compliance with the Native Title Act 1993 (Cth); or
• the agreement is removed from the Register of Indigenous Land Use Agreements; or
• a replacement agreement comes into effect.

Native Title provisions:

Extinguishment

The parties agree that the non-extinguishment principle applies to the agreed acts (see the below Future act provisions). This means that under s 24EB(3) of the Native Title Act 1993 (Cth) any acts done by non-native title parties that are 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 parties acknowledge, under clause 7.1 of the agreement, that:

• the King Leopold Ranges Conservation Park (Bunuba Part) is noted as a non vested reserve in the Bunuba People #2 (Part A) determination area;
• the King Leopold Ranges Conservation Park (Bunuba Part) was previously reserved as a conservation park and is now vested in the Conservation and Parks Commission; and
• the King Leopold Conservation Park, including the Kig Leopold Ranges Additional Area, is intended to be vested in the Conservation and Parks Commission and will be jointly managed by the CEO of the Department of Parks and Wildlife and the Bunuba Dawangarri Aboriginal Corporation RNTBC.

The parties consent, under clause 7.2 of the agreement, to the doing of all acts necessary for the King Leopold Ranges Additional Area to be added to the King Leopold Ranges Conservation Park.

The parties consent, under clause 7.3 of the agreement, to all acts involved in:

• the reservation of the Windjana Gorge Conservation Park Area as the Windjana Gorge Conservation Park for the purpose of it being a conservation park.
• the joint vesting of the Windjana Gorge Conservation Park in the Conservation and Parks Commission and the Bunuba Dawangarri Aboriginal Corporation RNTBC.

In relation to the "Future Areas" to be reserved as 'national park' or 'conservation park', under clause 7.4 of the agreement,:

• the Bunuba Dawangarri Aboriginal Corporation RNTBC consents to any of that land, of which the State parties decide should be reserved as national or conservation park, to being added to any of the existing national parks or conservation parks. The parties consent to these areas being jointly vested in the Conservation and Parks Commission and the Bunuba Dawangarri Aboriginal Corporation RNTBC.
• the parties agree that the State must give written notice to Bunuba Dawangarri Aboriginal Corporation RNTBC of its clear intention to create a national or conservation park in the "Future Areas", The parties also agree that the Bunuba Dawangarri Aboriginal Corporation RNTBC may revoke it's consent for the proposed creation of a national or conservation park within six months of the State giving notice, meaning that the State may not then proceed with the creation of the proposed park.

The parties agree to, under clause 7.5 of the agreement, in relation to any land that is wholly or partly within the agreement area:

• the granting, issuing or creation of tenure;
• the exercise of any right or discharge of any obligation, now or in the future, under the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA) and any regulations made under those Acts, including the preparation and approval of management plans; and
• the current or future discharge of obligations that arise under any applicable legislation as a consequence of the land being deemed a conservation park.

Native Title in the Agreement Area

The agreement covers land and waters within the 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).

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