Mirning People Indigenous Land Use Agreement (ILUA)
|Date: ||19 February 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located near Eucla. |
|State/Country:||Western Australia. , Australia|
|It is located in south east Western Australia near the town of Eucla within the Shire of Dundas. This is known as the Goldfields region. It is close to the border between Western Australia and South Australia.
'Agreement Area' means the following areas of land:
(a) the Proposed Residential Site Land;
(b) the Proposed Industrial Site Land;
(c) the Proposed School Site Land;
(d) the Eucla Townsite Land;
(e) the Fishing and Squatter Sites Land;
(f) the Golf Course Site Land;
(g) the Horse Paddocks Site Land;
(h) the Shooting Range Site Land;
(i) the Weebubbie Cave Site Land; and
(j) the Wanteen Reserve Site Land.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 February 2014. |
|Legal Reference: ||National Native Title Tribunal File No.: WI2013/007|
|Subject Matter:||Housing, Construction and Infrastructure | Native Title | Native Title - Extinguishment|
|Summary Information: |
|The Mirning People Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- the The State of Western Australia (applicant);
- the Minister for Lands, a body corporate under section 7(1) of the Land Administration Act 1997 WA; and
- Arthur Dimer, Jean McKenzie, John Graham, Les Tucker, Wendy Lawrie, Clem Lawrie, Robert Lawrie, David Hirschausen for and on behalf of the Mirning Claim Group (Claimants).
The purpose of the ILUA is to authorise ten land transactions and to extinguish native title over specified areas. |
|Detailed Information: |
|Details of the Agreement
The Agreement was registered with the National Native Title Tribunal on 19 February 2014.
The Extract does not note a specific start or end date for the Agreement. However, Clause 5.1 provides that the Agreement, except for clauses 3 and 5, takes effect from the Date of Execution. The Extract does not provide this Date specifically. Clauses 3 and 5 take effect on the Commencement Date of 19 February 2014.
The Agreement operates to provide the parties' consent to:
a) 'future acts' regarding the land transactions of ten different areas that make up the Agreement Area; and
b) surrender of native title over specified land. This specified land is the Proposed School Site Land, the Proposed Residential Site Land, and the Proposed Industrial Site Land. The claimants agree to satisfy the Native Title Act requirements for the transfer in fee simple of the Eucla Townsite Land and to surrender native title over this land for extinguishment.
Clause 2 provides for termination of the Agreement. A party is only able to terminate the Agreement except where:
- where clause 11.6 (dealing with the consequences of non-registration) occurs;
- where all parties agree in writing to end the Agreement; or
- where the Federal Court finds that native title does not exist over the entire Agreement Area, and the appeals process has either been exhausted or the time limit has expired; or
- where the Agreement is removed from the ILUA Register by the Native Title Registrar in
accordance with section 199C of the Native Title Act 1993.
Clause 2.6 also allows for partial termination of the Agreement where the Mirning native title determination application is unsuccessful and native title is found not to exist over part of the area covered by the ILUA. Partial termination will also occur where the native title claim is withdrawn or dismissed. The Agreement will remain in force over the area that is not covered by the unsuccessful native title claim.
Native Title Provisions
The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth). This means that the Right to Negotiate does not apply.
The non-extinguishment principle applies to all of the land transactions within the Agreement Area.
Native Title History
The Mirning people have a registered native title claim that is currently active ( Federal Court file no: WAD6001/2001, Tribunal file no: WC2001/001). Their representative is Goldfields Land and Sea Council.|