Agreements, Treaties and Negotiated Settlements Project

Ngarla PBC KSCS Indigenous Land Use Agreement (ILUA)
Date:	17 July 2014
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in the vicinity of Port Headland
State/Country:	Western Australia, Australia
	The ILUA Area includes the Eighty Mile Beach Marine Park Intertidal Area and the Jarrkurnpang Nature Reserve Area. The Agreement Area covers about 147 sq km, about 120 kms north east of Port Hedland in the State of Western Australia.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 December 2014. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:WI2014/016
Subject Matter:	Access \| Economic Development \| Management / Administration
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2014/016
Summary Information:
Ngarla PBC KSCS Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between: - Wanparta Aboriginal Corporation RNTBC; - Minister for Lands; - The State of Western Australia through the Department of the Attorney General; - Minister for Environment; - Conservation Commission of Western Australia; - Marine Parks and Reserves Authority; and - Chief Executive Officer of the Department of Parks and Wildlife, acting through the Conversation and Land Management Executive Body. The purpose of the Agreement is to provide consent for the doing of certain Future Acts within the Agreement Area.
Detailed Information:
Commencement This ILUA was registered with the Register of Indigenous Land Use Agreements on 19 December 2014. The Extract does not provide a specific start or end date for the Agreement. The Extract does note, however that Clauses 2 - 7, 16 - 22, 24 - 26 have force and effect from the Execution Date, being 17 July 2014. The remaining Clauses of this Agreement have force and effect from the Commencement Date, being the Date of Registration on 19 December 2014. Native Title Provisions Future Acts The Parties irrevocably consent to the doing of Future Acts. These Future Acts are outlined in Clauses 8.2 - 8.4 of the Agreement. Consent to Marine Park The Parties irrevocably consent to the reservation of the Eighty Mile Beach Marine Park Intertidal Area for the purposes of "Marine Park" under section 13 of the Conservation and Land Management Act the classification of that reserve as "class A" and the vesting of that reserve in the Marine Authority under section 7 of the Conservation and Land Management Act. Consent to Jarrkurnpang Nature Reserve The Parties irrevocably consent to the reservation of the Jarrkurnpang Nature Reserve Area under section 41 of the Land Administration Actfor the purpose of "conservation of flora or fauna or both flora and fauna", its classification as Class "A" under section 42 of the Land Administration Actand: (a) the vesting of that reserve in the Conservation Commission under section 7 of the Conservation and Land Management Act; and (b) if and when legislative amendments are made to provide, in effect, that: (1) Nature Reserves may be vested jointly in the Conservation Commission and another body or bodies or person or persons; or (2) that care, control and management of Nature Reserves may be placed jointly with the Conservation Commission and another body or person, the vesting of that reserve in, or placement of care, control and management of that reserve with the Conservation Commission jointly with the PBC. Agreement to Future Acts includes exercise of rights For the avoidance of doubt the consent to the doing of the Future Acts referred to above includes, in respect of an area of land that is wholly or partly within the Conservation Estate, consent to: (a) the granting, issue or creation of any Tenure; and (b) the exercise of any right or the discharge of any obligation, now and in the future, under: (1) the Conservation and Land Management Act and the Wildlife Conservation Act and any regulations made under those Acts; and (2) any Tenure; and (c) the exercise, now and in the future, of the various powers and functions under theConservation and Land Management Act and the Wildlife Conservation Act, any regulations made under those Acts, including the preparation and approval of any management plan(s) for those parts of the reserves comprising the ILUA Area; and (d) the exercise of any right or the discharge of any obligation, now and in the future, that arises under other applicable legislation as a consequence of the creation of the Conservation Estate. No Native Title Act procedures required The Future Act provisions under Part 2 Division 3 of the Native Title Act (other than Subdivision C) do not apply to the Future Acts referred to above. Those Future Acts are valid if done in accordance with the provisions of this Agreement whether or not the provisions of Part 2 Division 3 of the Native Title Act would otherwise apply. Native Title in the ILUA Area The Eighty Mile Beach Marine Park (Ngarla Part) comprises Western Australian waters, the airspace above those waters and seabed below and the subsoil to a depth of 200 metres below that seabed. The Eighty Mile Beach Marine Park Intertidal Area comprises Western Australian waters, the airspace above those waters and seabed below and the subsoil to a depth of 200 metres below that seabed that are seaward of the high water mark and landward of the lowest astronomical tide of all land contained within the Eighty Mile Beach Marine Park (Ngarla Park). The Jarrkurnpang Nature Reserve Area comprises all those lands and waters commencing at the intersection of the high water mark with the eastern boundary of Native Title Determination WAS6185/1998 Ngarla and Ngarla 2 (Area A) (WCI1999/026).