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Strelley Nyamal Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 November 2000
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Pilbara Region

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as the determination area of Nyamal People #1 and the whole of the area of the lease (GEI134817) where native title was found to exist in Nyamal People #10. The area covers about 4,754 sq km and is located between Port Hedland and Marble Bar. For a detailed map of the area see Attachment 1 of the ILUA, below under documents. The area is within the jurisdiction of the Shire of East Pilbara and the Town of Port Hedland Councils
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 November 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: WI2020/012
Subject Matter:Access | Agriculture | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2020/012
Summary Information:

The Strelley Nyamal Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA), between the Nyamal Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) and Pinga Pty Ltd; Strelley Pastoral Pty Ltd; Nomads Charitable and Educational Foundation Inc; the Strelley Housing Society Inc; and the Coongan Aboriginal Corporation.

The purpose of the ILUA is to provide the Nyamal People's consent to the Coogan and Strelley Pastoral Leases, the PInhga and Strelley Social Housing Leases, as well as to authorise agricultural activities

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

Detailed Information:

Background to the Agreement [IF NO INFORMATION AVAILABLE, DELETE THIS HEADING]

Details of the Agreement

Commencement and Termination

The ILUA has force as a contract from the date when signed by all the parties. It has effect and as an ILUA, an in relation to the agreed future acts, from its registration date.

The ILUA will end when any one of the following occurs:

  • the last of the pastoral leases and special leases come to an end;
  • the Nyamal People are no longer recogniseda snative title holders to the ILUA area; or
  • by the written mutual agreement of the parties.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the NTA do not apply.

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the NTA any of the activities authorised 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 Nyamal People agree to the following future acts:

  • the continuance or replacement of the Coogan and Strelley Pastoral leases from time to time;
  • the continuance or replacement of the Pinga and Strelley Housing Special Leases from time to time, provided the terms do not change in any substantial way;
  • the granting of a authorisations from time to time to conduct agricultural activities on the Pastoral Leases.

Native Title in the Agreement Area

The ILUA area is within the determination area of the Nyamal People #1 and the whole of the GEI134817 lease area where native title exists in NYamal #10.


Related Entries

Agreement
  • Allen on behalf of the Nyamal People #1 v State of Western Australia [2019] FCA 1570
  • Eaton on behalf of the Nyamal People #10 v State of Western Australia [2019] FCA 1571
  • Organisation
  • National Native Title Tribunal
  • Shire of East Pilbara
  • Town of Port Hedland
  • Pinga Pty Ltd - Signatory
  • Strelley Pastoral Pty Ltd - Signatory
  • The Nomads Charitable and Educational Foundation Inc - Signatory
  • Strelley Housing Society Incorpororated - Signatory
  • Nyamal Aboriginal Corporation RNTBC
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Tribunal Extract from from the Register of Indigenous Land Use Agreementsfor WI2020/012 as at 17/11/2020 (Strelley Nyamal) - ( 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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