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Yi-Martuwarra Ngurrara Larrawa Pastoral Access Agreement

Category: Agreement
Date: 25 August 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Halls Creek

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as covering approximately 698 sq km and is located approximately 128 km south west of Halls Creek. For details of the area see Annexure A of the ILUA, attached below under documents. The area is within the jurisdiction of the Shire of Halls Creek.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 August 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: WI2020/010.
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2020/010
Summary Information:

The Yi-Martuwarra Ngurrara Larrawa Pastoral Agreement was agreed, under the provisions of the Native Title Act 1993 (Cth), between Yanunijarra Aboriginal Corporation RNTBC and Kevin Stephen Brockhurst.

The Purpose of the of the agreement is consent to pastoral activities in the agreement area.

The Native Title Representative Body for this area is Kimberley Land Council Aboriginal Corporation.

Detailed Information:

Details of the Agreement:

Commencement and Termination:

The agreement is binding from the date when signed by all the parties. It has effect as an agreement from its registration on 25 August 2020. The agreement will terminate on any of the following events:

  • 20 years after the date on which the agreement became binding;
  • where pastoral lease N050116 (Larrawa Station) comes to an end; or
  • by written agreement between the parties.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) apply.

Extinguishment:

The parties agree that the non-extinguishment principle applies, meaning that any pastoral activities authorised by this agreement which may be inconsistent with native title rights and interests do not extinguish these rights and interests.

Future act provisions:

The extract notes that there are no statements within the agreement of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth). This means that the agreement does not affect the right of the native title parties to negotiate with non-native title parties proposing to undertake future acts.

Native Title in the Agreement Area:

The agreement area is within the area of the native title determination Forrest on behalf of the Ngurrara People v State of Western Australia [2018] FCA 289. (FCA file no.: WAD25/2012, NNTT file no.: WCD2018/001).


Related Entries

Agreement
  • Forrest on behalf of the Ngurrara People v State of Western Australia [2018] FCA 289
  • Organisation
  • National Native Title Tribunal
  • Yanunijarra Aboriginal Corporation RNTBC - Signatory
  • Shire of Halls Creek
  • Kimberley Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Kevin Stephen Brockhurst - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2020/010 as at 25 August 2020 (Yi-Martuwarra Ngurrara Larrawa Pastoral Access Agreement). - ( 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)

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