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

Category: Agreement
Date: 15 June 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Innawanga

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as covering approx. 19 sq km over part of Glen Florrie pastoral lease and is located approx. 73 km south east of Nanutarra Roadhouse. The ILUA area excludes any area subject to Native Title Determination WAD62/2016 Jurruru people #3 (WCD2018/018). For details of the area see Schedule B and C attached below under documents. The area is within the jurisdiction of the Shire of Ashburton.
Legal Status:

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

Legal Reference: National Native Title Tribunal file no.: WI2020/003
Subject Matter:Agriculture | Future Act | Native Title | Pastoral Activities | Tourism
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2020/003
Summary Information:

The Glen Florrie 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 Robert Peter Grey & Susan Jean Grey and Woodgoomungooh Aboriginal Corporation.

The purpose of the ILUA is to provide the Thiin-Mah, Warriyangka, Tharrkari, Jiwarli (TMWTJ) peoples' consent to the renewal of a pastoral lease, the granting of pastoral leases over stock routes and reserves, and the licensing of low impact tourism and agricultural activities in the ILUA area.

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

Detailed Information:

Details of the Agreement:

Agreement Area:

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this ILUA as that part of the Glen Florrie Pastoral Lease (N050594) that falls within the Native Title Determination Application WAD464/2016 Combined Thiin-Mah Warriyangka, Tharrkari, Jiwarli (WC2016/003). The area covers approx. 19 sq km over part of Glen Florrie pastoral lease and is located approx. 73 km southeast of Nanutarra Roadhouse.

Commencement and Termination:

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

Extinguishment:

The parties agree that the non-extinguishment principle applies to the granting of the Pastoral Lease and other tenures that relate to Stock Routes and Reserves. As per s 24EB(3) of the Native Title Act 1993 (Cth), any of the activities granted by 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 (NO50594) from time to time;
  • the grant of a license, permit, or authorisation from time to time, 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 from time to time to conduct low impact tourism activity in the Pastoral Lease area;
  • the grant of leases, licenses, and permits authorising the construction or renovation and operation of buildings, infrastructure, and facilities for the purposes of the Low Impact Tourism;
  • the Pastoralist continuing to use the Stock Routes and Reserves for pastoral purposes, and granting them Pastoral leases or other non-extinguishing tenures from time to time in relation to the Stock Routes and Reserves (not including Reserve 26808, Barlee Range Nature Reserve); and
  • the extension, renewal, re-making, re-grant, or replacement of the Pastoral Lease from time to time for any term, including a term longer than the existing term of the Pastoral Lease, provided that there are no other greater rights or covering a greater area.

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).


Related Entries

Agreement
  • Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v State of Western Australia [2019] FCA 508
  • Organisation
  • National Native Title Tribunal
  • Yamatji Marlpa Aboriginal Corporation
  • Woodgoomungooh Aboriginal Corporation RNTBC - Signatory
  • Shire of Ashburton
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Robert Peter Grey and Susan Jean Grey - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2020/003 as at 16/10/2020 (Glen Florrie and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli ILUA) - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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