Wanna and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli Indigenous Land Use Agreement (ILUA)

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 15/06/2020. This is an authorized pastoral agreement under the Native Title Act 1993 (Cth).

The Wanna and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth) between Bagden Pty Ltd and the Woodgoomungooh Aboriginal Corporation.

This ILUA provides the Thiin-Mah, Warriyangka, Tharrkari, Jiwarli (TMWTJ) peoples' consent to the renewal of the pastoral lease, the granting of pastoral leases over stock routes and reserves, and low impact tourism activities.

The Native Title Representative Body for this area is Woodgoomungooh Aboriginal Corporation RNTBC (ICN 9040).

Details of the Agreement:

Agreement Area:

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this ILUA as the part of the Wanna pastoral lease that is within the area of the Combined Thin-Mah, Warriyangka, Tharrkari, Jiwarliarea native title determination application (FCA file no.: WAD464; NNTT file no.: WC2016/003). The area covered is parts of Lots 19 and 23 on P238190, and part of Lot 38 on P036256. For more information see the documents attached below.

Commencement and Termination:

The ILUA commenced when signed by all parties. It operates as an ILUA, and in relation to the agreed acts from its date of registration. This agreement will be terminated when the pastoral lease comes to an end, or by the written mutual 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) do not apply.

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 activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished.

Future act provisions:

The TMWTJ People and the TMWTJ PBC agree to the following terms in regards to future acts:

• the extension, renewal, re-making or re-grant or replacement of the Pastoral Lease;
• the grant of a licence, permit or authorisation, from time to time, to conduct pastoral related activities, agricultural activities and low impact tourism activities, on the Pastoral Lease; and
  
• the grant of pastoral leases in relation to all or part of the Stock Routes or Reserves (excludes Reserve 26808, Barlee Range Nature Reserve).

Native Title in the Agreement Area:

The ILUA area is within the area of the Native Title determination Wajarri Yamatji #1 v State of Western Australia & Ors (Wajarri Yatmaji #1) 2017 FCA 1215 (FCA file no.: WAD28/2019, NNTT file no.: WC2004/010).

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