Anketell Port, Infrastruture Corridor and Industrial Estates Land Use Agreement (ILUA)
|Date: ||27 July 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the Vicinity of Cape Lambert|
|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: as about 73sq km to the north and west of Cape Lambert.
This area is within the Shire of Roebourne.
The attached 'written description of agreement area' of the extract of the ILUA from the Register of Indigenous Land Use Agreements provides a detailed description of the agreement area.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 July 2014. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:WI2014/004|
|Subject Matter:||Access | Future Act | |
|Summary Information: |
|The Anketell Port, Infrastruture Corridor and Industrial Estates Land Use Agreement is a Body Corporate Agreement entered into by:
- The State of Western Australia acting through the Premier of the State of Western Australia; and
- Western Australian Land Authority;
- Ngarluma Aboriginal Corporation RNTBC
The purpose of the agreement is to allow the state of Western Australia access to the ILUA area (Port Area or Infrastructure Corridor and offshore area) for the purposes of carrying out future acts on a project of a multi-user port and industrial precinct.|
|Detailed Information: |
|Details of the agreement
The extract stipulates that the agreement commences and can be enforced on the date of execution (date not specified).
the deed will terminate upon the first to occur of the following events:
(a)the State gives written notice to the
Ngarluma Aboriginal Corporation RNTBC(NAC), that it no longer intends to use any part of the agreement area for the Project, prior to registration.
(b)at least 6 months after the Execution Date and prior to the Registration Date, the State gives notice in writing to NAC terminating the agreement;
(c)the State or the NAC gives a Termination Notice
(d) mutual agreement between NAC and the state
Native Title Provisions
The The NAC and the Ngarluma People consent to the doing of any particular future act and any class of future acts that are specified in the agreement.
Further, the parties agree the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply as the alternative consultation provisions are to be followed instead.
Consent to future acts includes:
(a) The Grant of Project Titles and Project Approvals within the Port Area, Infrastructure Corridor and Offshore Area;and
(b)the State, each Port Area Manager and any other person (including each grantee of the rights conferred by each Project Title and Project Approval) conducting Project Activities
within the Port Area, Infrastructure Corridor and Offshore Area.
Background to the ILUA
Native Title in the ILUA Area
the ILUA area falls within native title determination Ngarluma/Yindjibarndi (WAD6017/1996; WC1999/014).
In Daniel v State of Western Australia  FCA 536 the court determined that non-exclusive native title rights and interests which exist in relation to the Determination Area are held by the Ngarluma People in relation to the Ngarluma Native Title Area, and the Yindjibarndi People in relation to the Yindjibarndi Native Title Area.