Ningaloo Conservation Estate Indigenous Land Use Agreement (ILUA)

In the vicinity of Coral Bay

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 October. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth). (WA Gov, 2020).

The Ningaloo Conservation Estate Indigenous Land Use Agreement (ILUA) is the first ILUA delivered under the McGowan Government's Plan for Our Parks Initiative and provides for the joint vesting and joint management of Reserves with the Baiyungu and/or Thalanyi native title holders (Mirage).

The ILUA was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• the State of Western Australia;
• Chief Executive Officer of the Department of Biodiversity, Conservation and Attractions;
• Conservation and Parks Commission;
• Minister of Environment;
• Minister for Lands; and
  
• Nganhurra Thanardi Garrbu Aboriginal Corporation Registered Native Title Body Corporate (RNTB).
  

The purpose of the ILUA is to provide consent for the establishment of the Ningaloo Conservation Estate and its joint management.

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

Details of the Agreement:

Commencement and Termination:

The ILUA commences, is binding on the parties and their successors and permitted assigns, from the date the ILUA is signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, upon registration.

The ILUA continues indefinitely, subject to clause 5.3, which is not included in the Extract.

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.

Extinguishment:

The non-extinguishment principle applies. The parties agree that any activities agreed to under this ILUA which may be in conflict with native title rights and interests will not extinguish those native title rights and interests, instead, they will be revived when the activities are finished.

Future act provisions:

The parties consent to the following land transactions, whether or not they are future acts:

• the Ningaloo Coastal Reserve Land Transaction;
• the Ningaloo Marine Park Land Transaction;
• the Cape Range National Park Southern Extension Land Transaction;
• the Exmouth Gulf Optional Land Area Land Transaction;
• the Cape Range Ningaloo Optional Area Land Transaction;
• the Pastoral Access Easements Land Transaction;
• the Public Access Easements Land Transaction;
• the Red Bluff Access Area Land Transaction; and
  
• the change in the management of the Conservation Estate (Cape Range National Park, Ningaloo Marine Park, Ningaloo Coastal Reserve, and any Exmouth Gulf Optional Tenure created under the ILUA).

Details of the above Land Transactions are outlined in Schedule 2 of the ILUA, attached below under documents.

If any of the above acts relate to native title rights and interests, then the parties agree to the:

• granting of any tenure and the ability to exercise any lease or licence under a management order;
• exercise of any right or obligation under the Conservation and Land Management Act 1984 (WA), the Biodiversity Conservation Act 2016 (WA), any other relevant legislation, and any associated regulations.
  

On 10 December 2020, the Western Australian Government announced the creation of the new Nyinggulu Coastal Reserve, adjacent to the World Heritage-listed Ningaloo Marne Park. The Reserve is jointly vested and managed with the Baiyungu and/or Thalanyi native title holders. (WA Gov)

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