Wickham Motorcross Indigenous Land Use Agreement (ILUA)
|Date: ||8 November 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Western Australia, Australia|
|Wickham is located in the north west of Western Australia in the Shire of Roebourne. |
|Legal Status: ||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements |
|Legal Reference: ||Tribunal file no:
|Subject Matter:||Health and Community Services | Housing, Construction and Infrastructure|
|Summary Information: |
|The Wickham Motorcross Indigenous Land Use Agreement (ILUA) is a body corporate agreement between the Minister for Lands (applicant), the Ngarluma Aboriginal Corporation and the Shire of Roebourne. The purpose of the agreement is to allow the creation of a reserve on crown land to the south of Wickham for the purposes of constructing a motorcross track (Shire of Roebourne, 2009). On registration of this ILUA in November 2011, clauses 2, 8, 9, 10, 11, 12, 13 and 14 came into effect. The ILUA will terminate if and when the Minister cancels the Reserve under clause 10.2 or where the Parties agree to end the Agreement.|
|Detailed Information: |
|Details of the Agreement
Under the Wickham Motorcross ILUA the parties agreed to the following future acts:
- the creation of a reserve for the purposes of constructing a motorcross track pursuant to section 41 of the Land Administration Act 1997 (WA).
- the making of any management order in order for the shire council to undertake the management of the reserve pursuant to section 46 of the Land Administration Act 1997 (WA). This includes the power for the shire council to grant a lease or license over the area, prepare and submit the management plan consistent with the purpose of the Reserve.
The Wickham Motorcross ILUA provides for the construction of a motorcross track in the town of Wickham, allowing the community to use the facility. The ILUA was the result of discussions with the Wickham Motorcross club (Ngarluma Aboriginal Corporation, 2009).
Ngarluma Aboriginal Corporation (along with the Yindjibarndi Aboriginal Corporation) are the registered native title bodies corporate for the litigated native title determination in Daniel v State of Western Australia  FCA 536 (2 May 2005).
The Shire of Roebourne is located in Western Australia and its regional hub is the town of Karratha in the Pilbara.
Native title history
The Ngarluma People, together with the Yindjibarndi peoples, lodged a claim for Native Title with the Federal Court of Australia on 21 November 1996. On the 2nd of May 2005 in Daniel v Western Australia  FCA 536 (2 May 2005) the Federal Court awarded non-exclusive Native Title rights to the Ngarluma and Yindjibarndi peoples. The Native Title rights recognised include the right to access, the right to conduct rituals and ceremonies, and the right to hunt, fish, forage, collect bush tucker, bush medicine, ochre, flora, fauna and water and the right to protect and care for sites and objects. The case was the Pilbara region's first determination of native title.