Burringurrah Multi Function Police Facility Indigenous Land Use Agreement (ILUA) |
| Date: | 26 June 2010 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | Shire of Upper Gascoyne |
| State/Country: | Western Australia, Australia |
| This Indigenous Land Use Agreement (ILUA) covers around 0.5 hectares of land occupied by the Burringurrah Aboriginal community, about 180 kilometres north-east of Gascoyne Junction and 500 kilometres east of Carnarvon. The ILUA area is located within the borders of Reserve 39182, west of the Lander-Mount Augustus Road. It falls within the jurisdiction of the Shire of Upper Gascoyne. |
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| Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29 June 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). | |
| Legal Reference: | National Native Title Tribunal File No. WI2010/001 | |
| Subject Matter: | |
| URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/WI2010.001/ILUARegisterExport.pdf | |
| Summary Information: | |
| This Indigenous Land Use Agreement (ILUA) was agreed between the Minister for Housing and Works for the State of Western Australia and the Wajarri Yamatji Registered Native Title Claimants, on their own behalf and on behalf of the Wajarri Yamatji Registered Native Title Claim Group. The purpose of this ILUA is to provide consent to two main 'future acts': the grant of a sub-lease over the ILUA area, and the construction and operation of the Multi Function Police Facility and the associated Government Regional Officers Housing by the State on the ILUA area. |
| Detailed Information: | |
| This ILUA was entered into to facilitate the construction of a Multi Function Police Facility for the Burringurrah Aboriginal community by the State of Western Australia. The Police Facility includes the construction of Government Regional Officers Housing, and is expected to be completed by the end of 2010.
Pursuant to this ILUA, the Wajarri Yamatji native title claimants consent to the doing of the following future acts:
the grant of a sub-lease by the Burringurrah Community Aboriginal Corporation to the State of Western Australia;and
the construction and operation of the Police Facility and the Government Regional Officers Housing.
Non-extinguishment principle
The parties agree that the non-extinguishment principle under s 238 of the Native Title Act 1993 (Cth) applies to both of the abovementioned future acts. This principle provides that a future act that would otherwise extinguish native title over the ILUA area will not have that effect, but will instead suspend native title rights for the duration of the act.
Right to negotiate provisions
The parties also agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) do not apply to either of the abovementioned future acts. | |
Western Australian Planning Commission - Burringurrah Community Layout Plan No. 1 - (