Mirning People Part B Indigenous Land Use Agreement (ILUA)

In the vicinity of Eucla near the South Australia border.

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18/05/2021. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Mirning People Part B Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• The State of Western Australia
• Clem Lawrie, John Graham, David Hirschausen, Annette-Grace Lawrie, Fay Sambo, Raelene Peel, Pearl Scott and James Peel for and on behalf of the Claim Group
• Minister for Lands
• Mirning Traditional Lands Aboriginal Corporation RNTBC ICN 9017
• Native Title Services Goldfields Ltd

The purpose of this ILUA is to allow the State of Western Australia to grant a number of estates in fee simple and for the Mirning People to provide consent to surrender their native title rights and interests in the area. This was done in exchange for a cash and land package to the Mirning People, who are the native title holders of the surrounding areas. 

The Native Title Representative Body for this area is Native Title Services Goldfields Ltd. 

Background to the Agreement 

A large area of native title rights and interests held by the Mirning People were recognised in K.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 4) [2017] FCA 1225 (24 October 2017). However, nine parcels of land were excluded for later negotiation. 

Then, in KD (deceased) on behalf of the Mirning People v State of Western Australia [2021] FCA 10 (WA Mirning People Part B) the parties agreed that the Mirning People would surrender their native title over these nine parcels of land as part of an ILUA in exchange for a cash and land package. The Court held that this determination would only come into effect when and if the ILUA was conclusively registered. The Mirning People Part B ILUA is that agreement and having been conclusively registered, means that WA Mirning People Part B has come into effect.

Details of the Agreement

Commencement and Termination

The agreement commenced on 14 December and termination is not specified. 

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 any of the agreed acts. 

Extinguishment

The Mirning People agree to surrender and thereby extinguish, all native title rights and interests in the agreement area. This extinguishment occurred upon registration of this ILUA. The other parties agree to the native title being extinguished under the terms of the ILUA.

Future act provisions

The parties agree that the State of Western Australia will grant nine reserves and estates in fee simple: 

• Certificate of title 2220/326 comprising Lot 191 on Deposited Plan 216081;
• Certificate of title LR3138/787, being Reserve 48741, comprising Lot 196 on Deposited Plan 216081;
• Certificate of title 2220/328, comprising Lot 197 on Deposited Plan 216081;
• Certificate of title 2188/429, comprising Lot 199 on Deposited Plan 216081;
• Certificate of title 2635/517, comprising Lot 200 on Deposited Plan 216081;
• Certificate of title 2220/329, comprising Lot 202 on Deposited Plan 216081;
• Certificate of title 2540/865, comprising Lot 204 on Deposited Plan 216081;
• Certificate of title 2600/96, comprising Lot 209 on Deposited Plan 216081; and
• Certificate of title LR3123/652, being Reserve 45847, comprising Lot 36 on Deposited Plan 219379.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination KD (deceased) on behalf of the Mirning People v State of Western Australia [2021] FCA 10. In this determination, and under the terms of this ILUA, the parties agree that no native title exists in this area. 

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