Brickhouse and Nganhurra Thanardi Garrbu Aboriginal Corporation Indigenous Land Use Agreement

The agreement covers all the land and waters within the Brick House Pastoral Lease area, near Carbadia Creek and the Binthalya homestead. 

Registered on the Register of Indigenous Land Use Agreements on 31/05/2021. This is an authorised Body Agreement under the Native Title Act 1993 (Cth).

The Brickhouse and Nganhurra Thanardi Garrbu Aboriginal Corporation Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between Forrest and Forrest Pty Ltd and the Ngarnhurra Thanardi Garrbu Aboriginal Corporation RNTBC.

The purpose of the ILUA is to provide consent, from time to time, for the continuance of the Brickhouse Station Pastoral Lease, the granting of pastoral leases over Stock Routes and Reserves, and the conducting of agricultural and low-level impact tourism activities.

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

Commencement and Termination

The ILUA has effect as a contract when signed by all the parties. It has effect as an ILUA and in relation to its future acts from 31 May 2021 (the registration date).

The ILUA will end according to Clause 14 of the ILUA (not available in the Extract).

Native Title Provisions

Right to negotiate

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

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the NTA any activities authorised under this IUA which may be inconsistent with native title rights and interests do to extinguish these rights and interests, instead they are revived when the activities are finished. 

Future act provisions

The parties consent during the period of the ILUA to:

• the renewal, re-making, or re-grant of the Brickhouse Station Pastoral Lease from time to time;
• the granting of authorities to conduct agricultural activities and low-impact tourism activities;
• the grant of a pastoral lease from time to time over any Stock Route or Reserve, or parts thereof, according to the terms of the ILUA; and
• Low-impact tourism (farm tourism, according to s 24GB of the NTA, such as station-stay accommodation and tours of the pastoral lease, but not observing activities or cultural works of Aboriginal people or Torres Strait Islanders) and (using specified land under the Brickhouse Station Pastoral Lease for non-pastoral tourism at already existing buildings or facilities).

These acts are agreed to provided that nothing, other than State or Commonwealth native title law, will block the State of Western Australia's powers or be taken to be an agreement to damage Areas of Significance or other areas protected by Aboriginal cultural heritage protection laws.

See Schedule 1 of the ILUA (attached below) for more information about the agreed future acts.

Native Title in the Agreement Area

The ILUA is within the area of the Baiyungu and/or Thalanyi peoples' native title as determined in Peck on behalf of the Gnulli Native Title Claim Group v State of Western Australia [2019] FCA 2090.

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