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Jurruru #3 and Kooline Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 July 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Pilbara Region

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA as approximately 212 sq km located adjacent to the southern banks of the Ashburton River, 17 km east of the Barlee Range Nature Reserve, 183 km south of Onslow and 133 km west of Paraburdoo. The area covers portions of the Kooline Pastoral Lease (NO49418) that fall within the Jurruru People #3 native title claim. For details see Schedules B and C of the ILUA below under the documents. The ILUA area is within the jurisdiction of the Ashburton Shire Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 29 July 2019. This is an authorised body corporate under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2019/002
Subject Matter:Access | Future Act | Native Title | Pastoral Activities
URL: https://protect-au.mimecast.com/s/5Td5CANZ0ohyWMl6un4stB?domain=nntt.gov.au
Summary Information:

The Jurruru #3 and Kooline Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Stamco Beef Pty Ltd and the Jurruru Aboriginal Corporation.

The purpose of the ILUA is to provide consent for the continuation of the Kooline Station pastoral lease and low impact tourism activities.

The Native Title Representative Body for this area is the Yamatji Marlpa Aboriginal Corporation.

Detailed Information:

Commencement:

The ILUA is binding as a contract from the date when signed by all the parties. This date is not included in the Extract. The ILUA operates as an ILUA, and in relation to the agreed future acts, from the date of registration, 29 July 2019.

Termination:

The ILUA will terminate when either the pastoral lease comes to an end, or by the written agreement of the parties.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the agreed futures acts.

Extinguishment

The non-extinguishment principles applies. This means that unders 24EB(3) of the Native Title Act 1993 (Cth), any of the agreed activities that are inconsistent with native title rights and interests will not extinguish them, instead those native title rights and interests will revive whan the activities are finished.

Future act provisions

The Jurruru People and the Jurruru Aboriginal Corporation consent to:

  • the renewal, extension, or remaking of the Kooline Station pastoral lease (NO49481);
  • the granting of authorisations to conduct pastoral activities including diversification and intensification of pastoral activities, and carbon sequestration activities that may be permitted subject to regulatory approvals;
  • the granting of leases, licences, and permits for low impact tourism activities; and
  • the grant of a pastoral lease in relation to the stock routes or reserves, as shown in  Schedule B of the ILUA and available below under documents.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Smirke on behalf of the Jurruru People v State of Western Australia [2018] FCA 2079 (NNTT file no.: WCD2018/018; WAD62/2016).


Related Entries

Agreement
  • Smirke on behalf of the Jurruru People v State of Western Australia [2018] FCA 2079
  • Organisation
  • National Native Title Tribunal
  • Stamco Beef Pty Ltd - Signatory
  • Jurruru Aboriginal Corporation RNTBC - Signatory
  • Yamatji Marlpa Aboriginal Corporation
  • Shire of Ashburton
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Jurruru People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register from the Register of Indigenous Land Use Agreements for WI2019/002 as at 17/6/2020 (Jurruru #3 and Kooline 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) | Body Corporate Agreement (Australia)

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