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Pardoo Beef Corporation Irrigated Agriculture Project Indigenous Land Use Agreement (ILUA) (Body Corporate) 2020

Category: Agreement
Date: 7 May 2021
Sub Category:Future Act Agreement (Native Title Act) | 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 Agricultural Land located within part of the Pardoo Pastoral Lease, and the Ancillary land located within a Reserve/Park and along, but not including, the Great Northern Highway. For details of the area see the Maps and Technical Description attachment of the ILUA, attached below under documents. The area is within the jurisdiction of the Shire of East Pilbara.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 07/05/2021. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: WI2021/001
Subject Matter:Agriculture | Native Title | Native Title - Extinguishment
Summary Information:

The Pardoo Beef Corporation Irrigated Agriculture Project Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Pardoo Beef Corporation Pty Ltd (Proponent);
  • the State of Western Australia; and
  • the Wanparta Aboriginal Corporation RNTBC.

The purpose of the ILUA is to provide consent to the Ngarla People's surrender and extinguishment of their native title over the freehold act area and an easement, as well as to the State making other land transactions.

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

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA commences from the date when signed by all the parties. However, in relation to the agreed future acts, surrender of native title, right to negotiate, and another unspecified clause, the ILUA commences from its registration date, 7 May 2021.

Native Title Extinguishment

The parties agree that the Ngarla People's surrender to the State of their native title rights and interests within the area of freehold title and an easement is intended to extinguish those native title rights and interests.

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. 

Future act provisions

The parties consent to and confirm the validity of the:

  • amalgamation and lease of certain areas into Pardoo Beef Pty Ltd's Pastoral Lease
  • amendment of the boundaries of a Reserve to include certain areas;
  • grant of a Crown lease and two easements;
  • a freehold act; and
  • the grant of a licence to Pardoo Beef Pty Ltd for the purpose of access to certain areas before the Crown Lease is granted.

For further information see the National Native Title Tribunal Extract and Maps attached below.

Native Title in the Agreement Area

This agreement has the effect of extinguishing the Ngarla People's native title in part of the area that was considered in Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025.


Related Entries

Agreement
  • Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025
  • Organisation
  • National Native Title Tribunal
  • State of Western Australia - Signatory
  • Wanparta Aboriginal Corporation RNTBC - Signatory
  • Shire of East Pilbara
  • Yamatji Marlpa Aboriginal Corporation
  • Pardoo Beef Corporation 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
  • Ngarla People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2021/001 as at 7/5/2021 (Pardoo Beef Corporation Irrigated Agriculture Project Indigenous Land Use Agreement (ILUA) (Body Corporate)) - ( 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) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia)

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