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Mayala Country Marine Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 9 June 2021
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Buccaneer Archipelago

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 3,158 sq km, about 57 km north of Derby, that includes an area of King Sound and the Indian Ocean. For details of the area see Schedules 1 and 2 of the ILUA attached below under documents. The area is within the jurisdiction of the Shires of Broome and Derby/West Kimberley Councils.
Legal Status:

Registered on the Register of Indigenous Land Use Agreements on 9 June 2021. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: NNTT file no.: WI2021/007
Subject Matter:Access | Collaboration / Partnership | Environmental Heritage | Management / Administration | Marine | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2021/007
Summary Information:

The Mayala Country Marine Park Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA), between:

  • the State of Western Australia;
  • the Chief Executive Officer of the Department of Biodiversity, Conservation and Attractions;
  • Department of Biodiversity,  Conservation and Attractions;
  • Conservation and Parks Commission;
  • Mayala Inninalang Aboriginal Corporation RNTBC; and
  • Minister for Environment.

The ILUA allows for the creation and joint management of the Mayala Country Marine Park to protect this sea country for future generations.

The Native Title Representative Body for this area is the Kimberley Land Council Aboriginal Corporation (KLC).

Detailed Information:

About the Agreement

Among the first of its kind in Western Australia, this is one of three Marine Parks co-designed and co-managed with Traditional Owners (ABC News, 2022). Together, the Bardi Jawi, Mayala, and Maiyalam Marine Parks cover more than 600,00 hectares of the Buccaneer Archipelago (Government of Western Australia; Kimberley Land Council).

At the Marine Park opening in Ardyaloon in July, KLC CEO, Tyronne Garstone said 'This is a historic moment for the Bardi and Jawi, Mayala and Dambimangari people who have fought hard to secure native title recognition and continue to fight for protection of their land and sea country'.

Consultation and planning began in 2017, and the borders of the three marine parks will take effect on July 1, 2023 (Government of Western Australia; ABC News, 2022).

'The way in which these marine parks have been do-designed means important cultural areas, heritage and marine life will be protected in a way that enables both sustainable and customary recreational and commercial use' said KLC CEO, Tyronne Garstone (Kimberley Land Council).

'For the first time in the State's history Indigenous knowledge has been central to the design of a marine park. These parks are at the forefront of sea country management; combining traditional ancient wisdom with modern environmental management' (Kimberley Land Council).

Indigenous ranger groups are central to the protection and management of this sea country and have demonstrated increasing capacity within traditional governance and knowledge structures whilst collaborating with other non-Indigenous organisations and stakeholders (Kimberley Land Council).

KLC Land and Sea Management Unit Manager, Daniel Oades, remarked that in the years ahead, the KLC will continue to support Indigenous ranger groups and the Government towards developing 'best practice Joint Management' of sea country (Kimberley Land Council).

Mayala Innainlang Aboriginal Corporation chair Rowena Mouda said that the cultural health of the coastline is imperative to the health of traditional owners, and 'with this process, there have been families that have returned to country for the first time ... and we've seen a healing take place' (ABC News, 2022).

Details of the Agreement

Commencement and Termination

This ILUA continues indefinitely subject to termination if:

  • it is not registered on the Register of Indigenous Land Use Agreements;
  • all parties agree so in writing;
  • it is revoked in accordance with the NTA;
  • it is removed from the Register of Indigenous Land Use Agreements under s 199C of the NTA; or
  • a replacement agreement comes into effect in accordance with clause 19.6 of the ILUA (this clause is not publically available).

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the NTA do not apply to the agreed future acts.

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under 24EB(3) of the NTA any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests, instead they are revived when the activities are finished.

Future act provisions

The parties agree to the following ILUA Transactions in Mayala Country:

  • the creation of the Mayala Country Marine Park as a class A reserve for the purpose of a Marine Park under s 13 of the Conservation and Land Management Act 1984 (WA) (the CALM Act). The Mayala Country Marine Park includes the subtidal area (seaward of the low water mark), the intertidal area (seaward of the high water mark), and the area landward of the low water mark including all other onshore plants. The Mayala Country Marine Park is vested in the Conservation Commission of Western Australia (the Mayala Country Marine Park Transaction);
  • an additional reserve under s 13(1)(b) of the CALM Act comprising part of Lalang-garram/ Camden Sound Marine Park (the Mayala Country Marine Park Additional Area Transaction);
  • any marine management areas created under a 13C of the CALM Act within three existing mining tenements (the Marine Optional Area Transactions); and
  • the Mayala Conservation Estate which is comprised of the Mayala Country Marine Park, the Tanner Island Nature Reserve, and any Marine Optional Reserves.

The parties also agree to the doing of every act necessary to support the ILUA Transactions including:

  • the granting of any tenure or licence in relation to an area that is wholly or partly within the ILUA area;
  • the exercise of rights or obligations created under the Conservation and Land Management Act 1984 (WA) or the Biodiversity Conservations Act 2016 (WA) and any regulations made under those acts; and
  • the exercise of rights or obligations created under any other applicable legislation as a consequence of the creation of the Mayala Conservation Estate; and
  • the creation of management plans for the Mayala Conservation Estate.

See the Extract attached below under documents for further information.

Native Title in the Agreement Area

The ILUA is within Mayala Country, as defined by the Federal Court in Wiggan on behalf of the Mayala People v State of Western Australia [2018] FCA 1485 and Davey on behalf of the Mayala #2 Native Title Group v State of Western Australia [2019] FCA 1137.


Related Entries

Agreement
  • Wiggan on behalf of the Mayala People v State of Western Australia [2018] FCA 1485 (Mayala People)
  • Davey on behalf of the Mayala #2 Native Title Group v State of Western Australia [2019] FCA 1137
  • Dambimangari Country Marine Park Indigenous Land Use Agreement (ILUA) - Previous
  • Organisation
  • National Native Title Tribunal
  • Kimberley Land Council Aboriginal Corporation
  • State of Western Australia - Signatory
  • Department of Biodiversity, Conservation and Attractions (WA) - Signatory
  • Conservation and Parks Commission (WA) - Signatory
  • Mayala Inninalang Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Conservation and Land Management Act 1984 (WA)
  • Biodiversity Conservation Act 2016 (WA)
  • People
  • Chief Executive Officer of the Department of Biodiversity, Conservation and Attractions - Signatory
  • Minister for Environment (Western Australia) - Signatory

  • References

    Media Release
    Kimberley Land Council KLC celebrates the first Indigenous-led design of State Marine Parks
    Government of Western Australia (31 July 2022) Three new marine parks in the Buccaneer Archipelago
    News Item
    ABC News (31 July 2022) Three new marine parks announced for Buccaneer Archipelago in WA's Kimberley region

    Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2021/007 as at 9/6/2021 (Mayala Country Marine Park ILUA) - ( 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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