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

East of Lyons River

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

The Mt. Augustus 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 Mt. Augustus Station (1980) Pty Ltd and Woodgoomungooh Aboriginal Corporation.

The purpose of the ILUA is to gain consent from 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 low impact tourism and agricultural activities on the land.

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 Mt Augustus Pastoral Lease that falls within Native Title Determination Application WAD464/2016 Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli (WC2016/003). The ILUA area covers approx. 218 sq km and is located approx. 114 km southwest of Paraburdoo. For more information, see Schedule B and the map attached below.

Commencement and Termination:

The ILUA commenced when all parties become signatories. It operates as an ILUA, and in relation to the agreed acts, from the date of its 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 to the ILUA agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the future acts agreed to under this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies to the granting of Pastoral lease and other tenures over the Stock Routes and Reserves. As per s 24EB(3) of the Native Title Act 1993 (Cth), any of the activities done under the pastoral lease which may be inconsistent with native title rights and interests, do not extinguish them.

Future act provisions:

The TMWTJ People and the TMWTJ PBC agree to the doing of the following future acts:

• the extension, renewal, re-making or replacement of the Pastoral Lease from time to time;
• the grant of a license, permit, or authorisation to conduct activities for agricultural purposes (including, the diversification and intensification of pastoral related activities) on the Pastoral Lease;
• the grant of leases, licenses, and permits to conduct Low Impact Tourism activities in the Pastoral Lease area; 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 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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