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Great Sandy Desert Project Indigenous Land Use Agreement (ILUA) - Infrastucture

Date: 23 November 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)

Western Kimberley region

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approx. 30,090 sq km, extending from the coastline in the vicinity of Bidyadanga easterly into the Great Sandy Desert for about 215 km. For details of the area see Schedule 1 of the ILUA, attached below under documents. The area is within the jurisdiction of the Broome Shire] Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 November 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: WI2020/014
Subject Matter:Access | Exploration | | Native Title | Oil and Gas
Summary Information:

The Great Sandy Desert Project Indigenous Land Use Agreement - Infrastucture (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Theia Energy Pty Ltd and the Karajarri Traditional Lands Association (Aboriginal Corporation) Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to consent to tenure being granted, as required, for infrastucture in the ILUA area that will support Theia Energy's (Great Sandy Desert) Project.

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

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA commences on the date when signed by both parties. This date is not specified in the Extract. It operates as an ILUA and in elation to the agreed future acts from the date of registration.

The ILUA may terminate:

  • automatically by mutual agreement of the parties in writing;
  • in accordance with general law; or
  • on the date that Theia Enery Pty Ltd no longer holds any Infrastucture Tenure and has rehabilitated all disturbed areas in accordance with this ILUA and general law.

Native Title Provisions

Right to negotiate

The parties agree that, for the duration of the ILUA, the right to negotaite provisions of the Native Title Act 1993 (Cth) do not apply to the grant of Infrastructure Tenure to Theia Energy Pty Ld.


The parties agree that the non-extinguisment principle applies. This means that, under s 24(EB)(3) of the Native Title Act 1993 (Cth) any of the acts authorised under this ILUA that may be inconsistent with native title will not extinguish native title rights and interests. Instead these rights and interests will be revived when the acts are finished.

Future act provisions

The parties consent to:

  • government authorities granting any tenure in the ILUA area, to Theia Energy, its subsidiaries and lawful assigness, that relate to infrastructure in the ILUA area supporting Theia Energy's (Great Sandy Desert) Project to develop petroleum resources in the Canning Basin.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination John Dudu Nangkiriny and Others on behalf of the Karajarri People v Western Australia [2002] FCA 660 (Karajarri People (Area A)) (FCA file no.: WAD6100/1998; NNTT file no.: WCD2002/001).

Related Entries

  • National Native Title Tribunal
  • Kimberley Land Council Aboriginal Corporation - Signatory
  • Theia Energy Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • John Dudu Nangkiriny and others on behalf of the Karajarri People

  • Documents

    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2020/014 as at 20/11/2020 (Great Sandy Desert ILUA - Infrastucture) - ( PDF | PDF)


    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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