Yamatji Nation Indigenous Land Use Agreement (ILUA)

Approximately 48,000 sq km in the Midwest Region of Western Australia

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 30 July 2020. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Yamatji Nation Indigenous Land Use Agreement (ILUA) contains the terms of settlement for the Yamatji Nation's loss of native title rights and interests through the State of Western Australia's historical acts.

The four claim groups that make up the Yamatji Nation negotiated this ILUA alongside the native title determination, Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42. The determination, made with the consent of all the parties, recognised the Yamatji Nation claim group's surviving non-exclusive native title rights and interests over culturally significant parcels of land. According to the Government of Western Australia's ILUA Fact Sheets (see reference below) the surviving native title area amounts to 0.57% of the whole determination area.

These two agreements together make up the Yamatji Nation Southern Regional Agreement (YNSRA), which settles all native title claims over nearly 48,000 sq km of land and waters in the midwest region of Western Australia. The four groups that make up the Yamatji Nation are the Mullwa Wadjari, the Southern Yamatji, the Hutt River, and the Widi Mob.

The ILUA was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• State of Western Australia;
• Aboriginal Lands Trust;
• Bundi Yamatji Aboriginal Corporation;
• Yamatji Southern Regional Corporation;
• Chief Executive Officer (CEO) of the Department of Biodiversity, Conservation and Attractions;
• Conservation and Parks Commission;
• Housing Authority;
• Mid West Development Commission;
• the Ministers for Aboriginal Affairs, Culture and Arts, Environment, Lands, Mines and Petroleum, Regional Development, Tourism, and Water;
• Aboriginal Affairs Planning Authority;
• Western Australian Land Authority (DevelopmentWA);
• Western Australian Museum;
• Frederick Taylor, Garry Hodder, Leedham Papertalk, Lorraine Whitby and Yvette Harris for and on behalf of themselves and the Yamatji Nation Claim Group;
• Kathleen Eva Pinkerton, Shirley Anne McPherson and Edward James Mullaley for and behalf of themselves and the Widi Mob Claim Group;
• Leedham Papertalk, Charles Collard, Jamie Joseph, Glenda Jackamarra and Raymond Merritt for and on behalf of themselves and the Mullewa Wadjari Claim Group;
• Sandy Davies, David Drage Snr, Lindsey Councillor and Irene Kelly for and behalf of themselves and the Hutt River Claim Group; and
• Stephen Kelly, Leedham Papertalk Snr, Morris Comeagain, Trevor Martin, Delveen Whitby, Frederick Taylor Snr, Eric Oakley and Glenda Jackamarra for and on behalf of themselves and the Southern Yamatji Claim Group.

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

Background to the Agreement

Justice Mortimer, in the Yamatji Nation Claim determination, described this ILUA as a cornerstone of the negotiated outcome for recognition of native title (Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42, 36). The determination and this ILUA together make up the Yamatji Nation Southern Regional Agreement (YNSRA) which settles the four prior overlapping native title claims of the Mullewa Wadjari, the Southern Yamatji, the Hutt River, and the Widi Mob. The first of these claims commenced in 1996, beginning what Mortimer J called a long and arduous process of negotiations [2].

The YNSRA was negotiated over a two year period, between 2017 and 2019, with the claim groups authorising the Yamatji Nation ILUA on 9 December 2019 (Yamatji Marlpa Aboriginal Corporation). The combined single Yamatji Nation Claim determination was made on 7 February 2020 and came into effect on the date this ILUA was registered, 30 July 2020.

Details of the Agreement

The ILUA is available in full below under References: Agreement (Government of Western Australia).

The Preamble to the ILUA recognises the diverse identity groups that make up the Yamatji Nation and their continuing connection to country.

Commencement

The rights and obligations created commence on the ILUA's conclusive registration date, which is sixty days after registration or forty days after any legal proceedings in relation to the registration are exhausted. Within six months of the conclusive registration date, the State and the Yamatji Southern Regional Corporation must ensure that the Yamatji Nation Charitable Trust, set up to receive benefits from the State, is declared.

The ILUA is binding on the parties and their successors.

Termination

The parties may end this ILUA by written agreement.

Native Title Provisions

Right to negotiate

The parties intend that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the acts agreed to be carried out within the native title areas. See Schedule 1 of the ILUA, below under documents, for a detailed description of the native title areas.

Extinguishment

The parties agree that the native title rights and interests, other than in the native title areas, are surrendered and extinguished on the date that the ILUA is conclusively registered.

Future act provisions

The parties consent to the validation of acts that were done invalidly by the State prior to the ILUA's registration. The same applies to any public works done invalidly by people other than the State.

In return for removing the State's liability for acts done invalidly, the ILUA includes a package of benefits to compensate the Yamatji Nation for the impairment or extinguishment of their native title. The package is $442 million to be paid over 15 years and includes:

• $325 million to be held in a joint trust for the first ten years, thereafter transitioned to the sole management of the Yamatji Trustee;
• $70 million for economic development and property for the establishment of the Yamatji Southern Regional Corporation's headquarters;
• the transfer of approximately 14,500 hectares of Crown land in freehold;
  
• the transfer of approximately 134,000 hectares of Crown reserve land to the Bundi Yamatji Aboriginal Corporation;
• the joint vesting and management of new and existing Conservation Park and National Park areas within the Yamatji Conservation Estate;
• the transfer of commercial and industrial land valued at $8.7 million;
• the transfer of social housing properties;
  
• 35 percent of the annual rental from mining tenure for ten years;
• 5 percent of the lease income from land within the Oakajee Industrial Precinct;
• recognition of native title over certain parcels of land (see 'native title in the agreement area' below, or for a full description see Schedule 1 of the ILUA under documents below); and
  
• projects for the protection of cultural heritage and water site restoration

See the Western Australian Government Yamatji Nation ILUA Fact Sheets below under References.

Native Title in the Agreement Area

Non-exclusive native title exists over parts of the ILUA area, as determined by consent in Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42. Schedule 1 of the ILUA describes the native title areas as being within Lucky Bay Reserve 35206, Kadji Kadji pastoral lease areas (Lot 8532 on DP 154221), the Ex Barnong Area, Aboriginal Land Title Areas (Reserves 28609, 28608, and part of 28607), Menai Hill, and parcels of land adjacent to Wandana Nature Reserve 36388.

Related Entries

References

Documents

Glossary