Kariyarra and State Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Part one of Schedule one of the Agreement, as being within the Kariyarra Native Title determination area.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 29 May 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Kariyarra and State Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• the Minister for Lands (WA);
• Cyril Gordon, Donny Wilson and Kerry Robinson;
• the Housing Authority;
• the Kariyarra Aboriginal Corporation;
• the Kariyarra Land Aboriginal Corporation;
• the State of Western Australia;
• the Western Australia Land Authority; and
• the Yamatji Marlpa Aboriginal Corporation.

The agreement area covers about 1,0663 sq km, in the vicinity of Port Hedland.

The agreement provides for, among other things, the Kariyarra People to surrender their native title rights and interests over certain parts of the agreement area to the State, and for the conversion of land to freehold titles and reserves under the management of the Kariyarra Land Aboriginal Land Corporation.

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

Agreement area:

The agreement area covers about 1,0663 sq km, in the vicinity of Port Hedland. The Extract from the Register of Indigenous Land Use Agreements describes the agreement area, per Schedule 1 (Part 1) of the ILUA, as the lands and waters of the Kariyarra People's native title application WAD6169/1998 bounded to the north by the high water mark and including Reserve 39913 (Lot 5541 on DP187812). See the documents attached below for further details.

Commencement:

The agreement commenced on the date all the parties had signed it. The agreement commenced as an ILUA on 29 May 2018 (the date of registration).

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions contained in the Native Title Act 1993 (Cth) do not apply to the agreed acts.

Extinguishment

The parties agree that the surrender of native title over the areas described below under 'future act provisions' is intended to extinguish all those native title rights and interests.

Future act provisions

Surrender: The parties consent to the surrender of the Kariyarra People's native title rights and interests over Lot 30, the NEP land and any part of a Conversion Reserve for the purpose of a Freehold Conversion (Extinguishment) Act, a Leasing (Extinguishment) Act or a Reserve Purpose (Extinguishment) Act.

'NEP Land' lots are specified in the Extract and depicted on Map 4A in Part 2 of Schedule 2.

'Conversion Reserves' are defined in the Extract as an Existing Reserve (Reserves 370, 371, 10550, 12247 and 22895), Tjalka Warra Reserve, Reserve 46953, Reserve 46954, 6 Mile Reserve and Wilson Reserve (after a Management Order has been conferred on the Kariyarra Land Aboriginal Corporation alone under the terms of the ILUA) and any other reserve created under the terms of the ILUA.

The parties further consent to non-native title parties doing the following:

• Easement acts, being the grant of easements over any part of the agreement area for the purpose of providing access and services;
• Freehold Conversion (NEP) acts, being the grant of freehold titles over a Conversion Reserve;
• Leasing (NEP) acts, being the grant of leases for a period of 50 years or more over a part or the whole of a Conversion Reserve;
• Reservation acts, being the reservation of lots for the 'use and benefit of Aboriginal people', or the changing the purpose of existing reservations to be for the 'use and benefit of Aboriginal people' and placing them under the care, control and management of the Kariyarra Land Aboriginal Corporation under the Lands Administration Act 1997 (WA); and
• Reserve purpose (NEP) acts, meaning the change of the purpose of a Conversion Reserve.

The parties also consent to the validating of any invalid PHF Acts or any invalid 258/259 Acts that were done in conflict with native title rights and interests prior to or on the date that the last party signed the ILUA. See the Extract attached below for further details.

Native Title in the Agreement Area:

The agreement is located within the native title determination area of the Federal Court of Australia (FCA) proceeding Gordon (on behalf of the Kariyarra Native title claim group) v State of Western Australia (No 2) [2018] FCA 1990. (FCA file no: WAD6169/1998, WAD232/2009, WAD47/2014, NNTT file no.: WCD2018/015)

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