Snake Hill Indigenous Land Use Agreement (ILUA)

Hammersley Range, central Western Australia

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 0.14 sq km, consisting of several areas on the Great Northern Highway, in the vicinities of the town of Newman and the Capricorn Roadhouse.

Schedule 1 of the ILUA identifies the area covered as Lot 349 on DP74327, Lot 40 on DP194459, and Subject B on DP74352.

For more information see the documents attached.

The area is within the jurisdictions of the Shires of East Pilbara and Meekatharra Councils.

Registered on the Register of Indigenous Land Use Agreements on 5 July 2021.This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

The Snake Hill 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 and the Karlka Nyiyaparli Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to provide consent for the surrender and extinguishment of the Nyiyaparli People's native title over a portion of land located near the east side of the Great Northern Highway at Capricorn. The ILUA also provides consent for the creation of a separate cultural protection area, at Newman, to be leased to the Karlka Nyiyaparli Aboriginal Corporation RNTBC, and for the creation of a connecting access easement.

The Native Title Representative Bodies for this area are Central Desert Native Title Services and the Yamatji Malpa Aboriginal Corporation.

Commencement and Termination

The agreement commences and is binding when signed by all the parties, apart from several clauses (these clauses and their date of commencement are not included in the Extract). The agreement has effect as an ILUA and in relation to the agreed future acts when entered into the Register of ILUAs.

The ILUA will end if and when any of the following occur:

• the ILUA is not registered within the meaning of clause 7.6 (this clause is not included in the Extract);
• the parties agree in writing to end the agreement; or
• the Native Title Registrar removes the ILUA from the ILUA Register.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions in Subdivision P, Part 2 of Division 3 of the Native Title Act 1993 (Cth) are not intended to apply to any of the agreed future acts.

Extinguishment

The parties agree that the surrender of native title over Lot 40 on Deposited Plan 194459 (the Surrender Area) is intended to extinguish the existing native title in the Surrender Area.

In relation to the Crown lease area and its connected easement area, the parties agree that the non-extinguishment principle applies - this means under s 24EB(3) of the NTA any such activity which may be inconsistent with native title rights and interests does not extinguish these interests; instead they are revived when the activities are finished. 

Future act provisions

The parties consent to:

• the granting of a Crown lease, under s 83 of the Land Administration Act 1997 (WA), over Lots 349 and 350 on Deposited Plan 74327 in perpetuity for 'Heritage Protection and Cultural Purposes' to the Karlka Nyiyaparli Aboriginal Corporation RNTBC;
• the granting of an easement, under s 144 of the Land Administration Act 1997 (WA),  over the access area (marked 'A' and 'B' on Deposited Plan 74352) to the Karlka Nyiyaparli Aboriginal Corporation RNTBC to provide access to and from the above Crown Lease area;
• the surrender of all native title rights and interests over Lot 40 on Deposited Plan 194459 (the Surrender Area); and
• the validating of any State acts within the Surrender Area, that were done invalidly (that is, in conflict with the NTA) from the time immediately prior to the agreed date of the surrender of native title.

Native Title in the Agreement Area

The agreement area is located within the determination area of the native title determination in Karlka Nyiyaparli Aboriginal Corporation RNTBC v State of Western Australia [2021] FCA 9.

Related Entries

Documents

Glossary