BAC KSCS Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as the North Kimberley Intertidal (Balanggarra Part) Area and the Sir Graham Moore Islands National Park Area.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 19 May 2017.

This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

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

The agreement area covers about 423 sq km in the vicinity of Cape Londonderry and Joseph Bonaparte Gulf, approximately 22 km north west of Wyndham.

The purpose of the agreement is to provide consent for the establishment of the North Kimberley Intertidal (Balangarra Part) Area as a marine park to be managed by the Conservation and Parks Commission. Consent is also given for the establishment of the Sir Graham Moore Islands National Park Area as a national park to be managed jointly by the Conservation and Parks Commission and the Balanggarra Aboriginal Corporation.

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

Commencement:

The agreement commenced on 19 May 2017 (the registration date), except for a number of clauses which took effect when the agreement was signed by all the parties (the date is not specified in the Extract).

Termination:

The agreement will terminate only if:

• clause 4.6 (not detailed in the Extract) comes into effect; or
• all parties agree in writing to end the agreement; or
• one of the relevent native title determinations is revoked in accordance with the Native TItle Act 1993 (Cth); or
• the agreement is removed from the Register of Indigenous Land Use Agreements; or
• where a replacement agreement comes into effect, in accordance with clause 16.5 of the agreement (not detailed in in the Extract).

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply in relation to the establishment of the North Kimberley Intertidal (Balanggarra Part) marine park and the Sir Graham Moore Islands national park. The right to negotiate provisions do however apply to the designated "Adjacent Area', meaning the North Kimberley Marine Park (Offshore Area) and the Leseuer Island Nature Reserve.

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 acts authorised by this agreement do not extinguish native title rights and interests.

Future act provisions

The parties agree to:

• the North Kimberley Intertidal (Balanggarra Part) Area being reserved for the purpose of "marine park" under s  13 of the Conservation and Land Management Act 1984 (WA), and to it being vested in the Conservation and Parks Commission under s 7 of the same Act;
• the Sir Graham Moore Islands National Park Area being reserved for the purpose of "national park" under s 41 of the Land Administration Act 1997 (WA), to it being classified as "Class A" under s 42 of the same Act, and to it being jointly vested in the Conservation and Parks Commission and the Balanggarra Aboriginal Corporation;
• removing any doubt, that where done in the Conservation Estate (as shown on Schedule 2 of the agreement to mean the North Kimberley Marine Park (Balanggarra Part), the Sir Graham Moore National Park and the Leseur Island Nature Reserve), the above agreed acts include: the granting, issue or creation of any tenure, and the exercise of the various powers and functions afforded under the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA) and any associated regulations (including the preparation and approval of management plans). Consent is also given to the exercise of any right or the discharge of any obligation arising from any legislation applicable to the agreement area as a nature reserve, national park or marine park.

Native Title in the Agreement Area:

The agreement is located within the Balanggarra People's area of native title that was determined by consent in the Federal Court of Australia (FCA) proceeding Chienmora v State of Western Australia (No 2) [2013] FCA 768 (Balanggarra Combined) (FCA file no.: WAD6027/1998; NNTT file no.: WCD2013/005).

Related Entries

Documents

Glossary