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Kooline and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 June 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Innawanga

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approx. 83 sq km of the Kooline pastoral lease, located approx. 140 km west of Paraburdoo. The ILUA area excludes any area subject to Native Title Determination WAD6212/1998 Thudgari People and Native Title Determination WAD62/2016 Jurruru People #3. For details of the area see Schedule B attached below under documents. The area is within the jurisdiction of the Shire of Ashburton.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15/06/2020. This is an authorized body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: WI2020/004
Subject Matter:Future Act | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2020/005
Summary Information:

The Kooline and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Stamco Beef Pty Ltd and the Woodgoomungooh Aboriginal Corporation.

The purpose of the ILUA is to gain consent from the Thiin-Mah, Warriyangka, Tharrkari, Jiwarli (TMWTJ) peoples for the doing of agreed future acts relating to the renewal of pastoral leases, the granting of pastoral leases over stock routes and reserves, and the licensing of low impact tourism and agricultural activities on the land.

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

Detailed Information:

Details of the Agreement:

Agreement Area:

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this ILUA as the part of Kooline Pastoral Lease that falls within Native Title Determination Application WAD464/2016 Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli (WC2016/003). The agreement area coveres approx. 83 sq km and is located approx. 140 km west of Paraburdoo. For more information, see Schedule B and the map attached below.

Commencement and Termination:

The ILUA commenced when all parties become signatories and operates as an ILUA, and in relation to the agreed acts, from the date of its registration. This ILUA will be terminated when the parties mutually agree in writing, or when the Pastoral Lease comes to an end.

Native Title Provisions:

Right to negotiate:

The parties to the ILUA agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed future acts outlined in the ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies to the granting of Pastoral lease and other tenures that relate to Stock Routes and Reserves. As per s 24EB(3) of the Native Title Act 1993 (Cth), any of the activities granted by the pastoral lease which may be inconsistent with native title rights and interests, do not extinguish them.

Future act provisions:

The TMWTJ People and the TMWTJ PBC agree to the doing of the following future acts;

  • the extension, renewal, re-making, or replacement of the Pastoral Lease from time to time;
  • the grant of a license, permit, or authorisation from time to time, to conduct activities for agricultural purposes (including, the diversification and intensification of pastoral related activities) on the Pastoral Lease;
  • the grant of leases, licenses, and permits from time to time to conduct Low Impact Tourism activity in the Pastoral Lease;
  • the grant of leases, licenses, and permits authorizing the construction or renovation and operation of buildings, infrastructure, and facilities for the purposes of the Low Impact Tourism;
  • the grant of pastoral leases from time to time in relation to all or part of the Stock Routes
    or Reserves (not including Reserve 26808, Barlee Range Nature Reserve); and
  • the extension, renewal, re-making, re-grant, or replacement of the Pastoral Lease from time to time for any term, including a term longer than the existing term of the Pastoral Lease, provided that there are no other greater rights or covering a greater area.

Native Title in the Agreement Area:

The ILUA is within the determination area of Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v State of Western Australia [2019] FCA 508 (FCA file no.: WAD464/2016; NNTT file no.: WCD2019/003).

Related Entries

Agreement
  • Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v State of Western Australia [2019] FCA 508
  • Organisation
  • National Native Title Tribunal
  • Woodgoomungooh Aboriginal Corporation RNTBC - Signatory
  • Stamco Beef Pty Ltd - Signatory
  • Shire of Ashburton
  • Yamatji Marlpa Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2020/004 as at 09/10/2020 (Kooline and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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