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Brickhouse and Yinggarda Aboriginal Corporation Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 31 May 2021
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Mid-west coast of Western Australia
State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approx. 2,196 sq km of the Brickhouse Pastoral Lease, located approx. 6 km east of Carnarvon. For details of the area see Schedule B of the ILUA, attached below under documents. The area is within the jurisdiction of the Shire of Carnarvon Council.
Legal Status:

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

Legal Reference: NNTT file no.: WI2021/003.
Subject Matter:Agriculture | Native Title | Pastoral Activities | Tourism
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2021/003
Summary Information:

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

The purpose of the ILUA is to provide consent to the renewal or regranting of the Brickhouse Pastoral Lease from time to time. It also allows for low impact tourism activities to be conducted. 

The Native Title Representative Body for this area is Yinggarda Aboriginal Corporation RNTBC.

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA is binding from the date when signed by all parties. It has effect as an ILUA, and in relation to the agreed future acts from its registration date, 31 May 2021.

Clause 14 of the ILUA contains a means of termination, however, it is not provided as information in the Extract. 

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. 

Extinguishment

The parties agree that the non-extinguishment principle applies - this means that under s 24EB (3) of the Native Title Act 1993 (Cth) 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 parties consent to:

  • the renewal, re-making or regranting, from time to time, of the Forrest and Forrest Pty Ltd owned Brickhouse Station Pastoral Lease;
  • the granting of authority to conduct activities for agricultural purposes, including the diversification and intensification of pastoral related activities;
  • the granting of leases to conduct low impact tourism activities; and
  • the grant of a pastoral lease from time to time in relation to all or part of any stock route or reserve.

For further information see Schedule 1, attached below under documents.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Peck on behalf of the Gnulli Native Title Claim Group v State of Western Australia [2019] FCA 2090. (FCA file no.: WAD22/2019, WAD366/2018, WAD261/2019, NNTT file no.: WI2021/003).

The Yinggarda People hold native title over the Yinggarda Area of the above determination.


Related Entries

Agreement
  • Peck on behalf of the Gnulli Native Title Claim Group v State of Western Australia [2019] FCA 2090
  • Organisation
  • National Native Title Tribunal
  • Yinggarda Aboriginal Corporation - Signatory
  • Forrest and Forrest Pty Ltd - Signatory
  • Shire of Carnarvon
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Yinggarda People

  • Documents

    Document
    Extract from the National Native Title register for WI2021/003 as at 08/09/2022 - ( PDF | PDF | 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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