Edmund and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli ILUA

Hamersley Range

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

The Edmund and Combined Thiin-Mah, Warriyangka, Tharrkari, Juwarli Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth) between Richard Bernard Arends (Applicant) and Woodgoomungooh Aboriginal Corporation.

The purpose of this ILUA is to gain 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 the licensing of agricultural and low impact tourism activities.

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

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 Edmund pastoral lease that is within the area of the Combined Thin-Mah, Warriyangka, Tharrkari, Jiwarli native title determination application (FCA file no.: WAD464/2016; NNTT file no.: WC2016/003). The area covers approx 691 sq km over part of Edmund pastoral lease and is located approx 137 km southeast of Nanutarra Roadhouse. For more information see the schedule and map 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 either the pastoral lease comes to an end; or, by the written mutual agreement of all the parties, whichever happens first.

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 to the agreed future acts outlined in the ILUA.

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 doing of certain acts, including:

• the extension, renewal, re-making, re-grant or replacement of the Pastoral Lease from time to time;
• the grant of a licence, permit or authorisation, from time to time to conduct pastoral related activities and agricultural activities on the Pastoral Lease;
• the grant of a licence, permit or authorisation, from time to time to conduct 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 (excluding Reserve 26808, Barlee Range Nature Reserve).

Native Title in the Agreement Area:

The ILUA area is within the determination area of Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v State of Western Australia [2019] FCA 508 (FCA file no.: WAD464/2016, NNTT file no.: WCD2019/003).

Related Entries

Documents

Glossary