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Dambimangari Country Marine Park Indigenous Land Use Agreement (ILUA) | ||
Date: | 9 June 2021 | |
Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) | |
Place: | Buccaneer Archipelago | |
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State/Country: | Western Australia, Australia | |
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The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 936 sq km, about 42 km north of Derby, that includes an area of King Sound and the Indian Ocean. For a description and maps of the area see Schedules 1 and 2 of the ILUA attached below under documents. The area is within the jurisdiction of the Shire of Derby/West Kimberley Council. | ||
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.: WI2021/006 | |
Subject Matter: | Access | | Environmental Heritage | Management / Administration | Marine | Native Title | |
URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/ILUA%20Register/2021/WI2021.006/ILUARegisterExport.pdf | |
Summary Information: | ||
The Dambimangari Country Marine Park Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA), between:
The ILUA allows for the creation and joint management of the Dambimangari 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). Dambimangari woman Leah Umbagi said the marine parks would enable rangers to go out on Country and pass on Knowledge to younger people (Fierra Surrao, 2022). Details of the Agreement Commencement and Termination The ILUA commenced on 9 June 2021, that is the date it was registered on the Register of Indigenous Land Use Agreements. It has effect as a contract when signed by all parties. It continues indefinitely subject to termination if:
Native Title Provisions Right to negotiate The parties agree that the right to negotiate provisions of the NTA do not apply to the doing of the agreed future acts in the ILUA area. 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 Dambimangari Country (Buccaneer Archipelago) Marine Park Transaction as follows:
The parties also agree to the doing of every act necessary to support the Dambimangari Country (Buccaneer Archipelago) Marine Park Transaction including:
See the Extract attached below under documents for further information. Native Title in the Area The ILUA is within Dambimangari Country, as defined by the Federal Court in Barunga v State of Western Australia [2011] FCA 518. |
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