PKKP and Cheela Plains 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 that part of the Cheela Plains Pastoral Lease (N049418) that falls within Native Title Determination Application WAD6007/2001 Puutu Kunti Kurrama and Pinikura (WC2001/005) as accepted for registration on 29 November 2001 and WAD126/2005 Puutu Kunti Kurrama and Pinikura 2 (WC2005/004) as accepted for registration on 15 December 2006.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 4 January 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The PKKP and Cheela Plains Indigenous Land Use Agreement (ILUA) was made between Cheela Plains Pastoral Co Pty Ltd and PKKP Aboriginal Corporation RNTBC.

The agreement area covers about 1448 sq km, located about 61 km west of Tom Price.

The purpose of the ILUA is to consent to access, pastoral activities and low impact tourism.

The Native Title Representative Body for this area is the Yamatji Marlpa Aboriginal Corporation.

Details of the Agreement:

Commencement:

The ILUA commences in full on the date of registration, 4 January 2017.

Termination:

The ILUA, except for the Clause 21 and obligations accured before termination, terminates automatically upon the end of the Pastoral Lease or by written agreement of all the Parties.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth)will not apply with respect to the agreed future acts in the agreement.

Future Act Provisions:

The Extract notes that there are statements within the agreement of the kind which are mentioned in ss24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under those sections are triggered by this agreement. This means that the agreement provides consent for the doing of certain acts by non-native title parties. Specifically this agreement provides consent for the doing of the following future acts:

• the renewal, re-making or re-grant of the Pastoral Lease from time to time.
• the grant of licence, permit, or authorisation from time to time, including any amendment or renewal, re-making or re-granting of the Pastoral Lease, to conduct activities for agricultural purposes (including the diversification and intensification of pastoral related activities) on the Pastoral Lease;
• the grant of leases, licences and permits from time to time to conduct Low Impact Tourism activity in the Pastoral Lease; and
• the grant of pastoral lease from time to time in relation to all or part of any Stock Route or Reserve, to the extent and in the terms of clause 12 of this agreement.

Native Title in the Area:

The ILUA is located within the area of native title recognised by the Federal Court of Australia (FCA)in the consent determinations Puutu Kunti Kurrama and Pinkikura (FCA File No.: WAD6007/2001; NNTT File No.:WC2001/005) and Puutu Kunti Kurrama and Pinkura 2 (FCA File No.: WAD126/2005; NNTT File No.: WC2005/004).

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