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BAC KSCS Indigenous Land Use Agreement (ILUA) | ||
Date: | 19 May 2017 | |
Sub Category: | Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act) | |
Place: | 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. | |
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State/Country: | Western Australia, Australia | |
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The area is within the jurisdiction of the Shire of Wyndham-East Kimberley. | ||
Legal Status: | 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). | |
Legal Reference: | National Native Title Tribunal File No.: WI2017/007 | |
Subject Matter: | | Future Act | Local Government | Management / Administration | Native Title | |
URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2017/007 | |
Summary Information: | ||
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. | ||
Detailed Information: | ||
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:
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:
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). |
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