NKAC KSCS Eighty Mile Beach Indigenous Land Use Agreement (ILUA)

The intertidal area of Eighty Mile Beach, the adjacent beach area nature reserve, and an area of the Walyarta Conservation Park.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 22 March 2017. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

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

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

The purpose of the ILUA is to provide for the creation of a conservation estate.

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

Details of the Agreement

Commencement: The ILUA is binding as a contract from the date it was signed by all the parties. It has effect as an ILUA from the date it was registered.

Termination: The ILUA continues indefinitely, but will be terminated if:

• effected under clauses 5.6 (not specified in the extract);
• the parties agree;
• removed from the Register of Indigenous Land Use Agreements;
• a replacement agreement is registered; or
• the native title determination is revoked.

Native Title Provisions:

Future act provisions

The Extract notes that there are statements within the agreement of the kind which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are triggered. This affects the native title party's right to negotiate under the Native Title Act 1993 (Cth).

Without conceding that any of the following acts are necessarily 'future acts', the parties irrevocably consent to:

• the granting, issue or creation of any tenure;
• any act allowed for under the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA), or any tenure;
• the exercise of any powers and functions under the Conservation and Land Management Act 1987 (WA) and the Wildlife Conservation Act 1950 (WA); and
• the exercise of any act done under other applicable legislation as a consequence of the creation of the Conservation Estate.
  

The parties irrevocably consent to:

• the reservation of the Eighty Mile Beach Marine Park Intertidal Area for the purposes of a "marine park" under section 13 of the Conservation and Land Management Act 1984 (WA), its classification as "class A", and its vesting in the Commission under section 7 of the Conservation and Land Management Act 1984 (WA).
• the reservation of the Walyarta Conservation Park Area under section 41 of the Land Administration Act 1987 (WA) for the purpose of "conservation park" and its joint vesting in the Commission and the Nyangumarta Karajarri Aboriginal Corporation; and
• to the reservation of the Nature Reserve Area (beach) under section 41 of the Land Administration Act 1987 (WA) for the purpose of "conservation of flora and fauna" (nature reserve) and its classification as "class A" under section 42 of the Land Administration Act 1987 (WA) and its joint vesting in the Commission and the Nyangumarta Karajarri Aboriginal Corporation.

Native Title in the Agreement Area:

The ILUA area is within the area of native title recognised on 25 May 2012 in Hunter & Ors v State of Western Australia [2012] FCA 690 (FCA file no.: WAD6281/1998, NNTT File no: WCD2012/001).

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