Ngarla Pastoral Indigenous Land Use Agreement (ILUA)
|Date: ||21 November 2007|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Western Australia, Australia|
|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: |
The agreement area covers all the lands and waters subject to Pastoral Leases 3114/11428 (De Grey), 3114/446 (Pardoo), and 398/718 (Pardoo) which fall within the determination of native title for WAD6185/98 Ngarla (WC99/26) and WAD77/05 Ngarla 2 (WC05/2) (Determination Area A).
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 November 2007. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth). |
|Legal Reference: ||National Native Title Tribunal File No.: WI2006/002|
|Subject Matter:||Land Settlement | Native Title | Tourism|
|Summary Information: |
|The Ngarla Pastoral Indigenous Land Use Agreement (ILUA) was agreed between John J Bettini, Ethel M Bettini, Anthony B Bettini, Mary E Bettini, David F Bettini and Paul D Bettini (Lessees of the De Grey Pastoral Station) and Graham E Rogers and Judith A Rogers (Lessee of the Pardoo Pastoral Station) (APPLICANT); and Wanparta Aboriginal Corporation on 21 November 2007. The purpose of the ILUA is to provide consent for the making of a native title determination (see Brown (on behalf of the Ngarla People) v State of Western Australia  FCA 1025 below). The ILUA also provides consent for the renewal, re-making or re-grant of the pastoral leases that are the subject of this ILUA, as well as setting out the manner in which native title rights can be exercised in the area.
The ILUA extract does not state a specific period of operation.
|Detailed Information: |
|The parties to the ILUA consent to:
The re-making, renewal or re-grant of the pastoral leases, as well as permission of any other activities connected with these leases to be carried out;
The grant of any leases, licences or permits to conduct ‘low impact’ tourism in the ILUA area; and
The tenure conversion of two areas of two square kilometres in the pastoral leases to carry out horticulture, tourism or agricultural activities.
This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.