Gooniyandi Warlibirri Parks Indigenous Land Use Agreement

Kimberley Region

Registered on the Register of Indigenous Land Use Agreements on 15 June 2021. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Gooniyandi Warlibirri Parks Indigenous Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between:

• the State of Western Australia;
• Conservation and Parks Commission (the Commission);
• Gooniyandi Aboriginal Corporation RNTBC (the GAC);
• the Chief Executive of the Department of Biodiversity, Conservation and Attractions acting through the Conservation and Land Management Executive Body; and
• the Minister for Lands.

The ILUA provides consent for the creation of the Warlibirri Parks, and for the GAC to jointly manage the parks with the Commission. The Warlibirri Parks are to be comprised of national and conservation parks.

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

In September 2022, the McGowan Government announced the creation of the first of the Warlibirri Parks, spanning approx. 16,000 hectares along the Margaret River (Halls Creek Herald). The Gooniyandi Traditional Owners hope the park protects the Margaret and Fitzroy Rivers system and provides them with jobs in park management (Hayes J. and Seabourne A.).

Commencement and Termination

The Extract notes that the ILUA has effect as a contract from 3 March 2021. It operates in relation to the agreed future acts from the date of registration (15 June 2021).

The parties may end the ILUA by written agreement. It may otherwise continue indefinitely unless it is not registered, revoked in accordance with the NTA, deregistered by the Native Title Registrar in accordance with s 199C of the NTA, or replaced in accordance with the terms of the ILUA.

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 to the doing of the agreed future acts.

Extinguishment

The parties agree that the non-extinguishment principle applies to the agreed acts (see the below Future act provisions). This means that under s 24EB(3) of the Native Title Act 1993 (Cth) any acts done by non-native title parties that are 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

For the creation of the Warlibirri National Parks, the parties consent to:

• the Minister for Lands reserving the Stage One National Park Areas and the Future National Park Areas (initially or by later addition) for the purpose of 'national park' under the Land Administration Act 1997 (WA);
• the reserves being jointly vested in the Commission and GAC under the Conservation and Land Management Act 1984 (WA); and
• for those reserve areas that become part of the Warlibirri National Park, the creation of any tenure over them.

Provided that the CEO gives six months' proper notice to GAC, the parties also consent to the creation of the Warlibirri Conservation Park by:

• the Minister for Lands reserving a Future Park Area for the purpose of 'conservation park';
• the reserves being jointly vested in the Commission and GAC under the Conservation and Land Management Act 1984 (WA); and
• from time to time, the creation of any tenure over any of these reserve areas that become part of the Warlibirri Parks (national and conservation parks); and
• GAC revoking consent within six months of having received the CEO's notice.

The Transfer Lands (as described in Schedule 5) will be leased to the Fossil Downs and Gogo pastoral leaseholders subject to an agreement being made with the State in exchange for the surrender of an area of their leaseholds for the purpose of adding to the Willibirri Parks.

Consent is also provided for the granting of easements as follows:

• a Warlibirri Parks Easement to provide access for joint management (see Schedule 4);
• a reserved access right, as may be required, to give access to the Great Northern Highway or the nearest road;
• Fossil Downs access rights over any part of Water Area #5 (described in Item 6, Part 1 of Schedule 2) and Water Area #4 (described in Item 5, Part 1 of Schedule 2 as part of Future National Park Area #1);
• a Fossil Downs Homestead access right over any part of Areas #16, #17, and #18 (described in Items 1, 2, and 3 respectively of Schedule 4);
• a Fossil Downs Pipeline Access Right over part of Future National Park Area #1 (described in Item 1, Part 2 of Schedule 2) and Water Area #4 (described in Item 5, Part 1 of Schedule 2). 

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Sharpe v the State of Western Australia [2013] FCA 599 where the Federal Court found that native title exists over parts of the land and waters.

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