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

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

The Minnie Creek 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 Central Stockcare Pastoral Pty Ltd and Woodgoomungooh Aboriginal Corporation.

The purpose of this ILUA is gain the consent of the Thiin-Mah, Warriyangka, Tharrkari, Jiwarli (TMWTJ) peoples for the renewal of pastoral leases, 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 Minnie Creek Pastoral Lease (N050329) that falls within Native Title Determination Application WAD464/2016 Combined Thiin-Mah Warriyangka, Tharrkari, Jiwarli (WC2016/003). The area covers approx. 656 sq km over part of Minnie Creek pastoral lease and is located approx. 110 km north east of Gascoyne Junction. 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 the parties mutually agree in writing, or when the Pastoral Lease comes to an end.

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 this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies to the granting of Pastoral Leases with regard to Stock Routes and Reserves. This means that under s 24EB(3) of the Native Title Act 1993 (Cth), any of the activities 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 future 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 activities for agricultural purposes on the Pastoral Lease;
• the grant of leases, licences and permits from time to time to conduct Low Impact Tourism activity in the Pastoral Lease; and
• the grant of Pastoral Leases from time to time 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).

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