The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule B of the Agreement, as the part of the Kooline Pastoral Lease (N049418) that falls within Native Title Determination Application WAD6007/2001 Puutu Kunti Kurrama and Pinikura (WC2001/005) as accepted for registration on 29 November 2001. It is further described as that part of the Kooline Pastoral Lease (N049418) that falls north of the southern bank of the Hardy River.
The PKKP and Kooline Indigenous Land Use Agreement (ILUA) was made between:
- Stamco Beef Pty Ltd: and
- the PKKP Aboriginal Corporation RNTBC.
The agreement area covers about 25 sq km, located about 150 km west of Tom Price.
The purpose of the agreement is to provide consent for access, pastoral activities and low impact tourism.
The Native Title Representative Body for this areacis the Yamatji Marlpa Aboriginal Corporation.
Details of the Agreement:
The ILUA has force as a contract from the date on which it was executed by all the parties.
The ILUA has force as an ILUA, under the Native Title Act 1993 (Cth), from the date of its registration, 4 January 2017.
The ILUA, except for Clause 21 and any obligations made before its termination, will terminate at the end of the Pastoral Lease, or by the written agreement of all the parties.
Native Title Provisions:
Right to negotiate:
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) will not apply with respect to the agreed future acts.
Future Act Provisions:
The Extract notes that there are statements within the ILUA of the kind which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under those sections are triggered by this agreement. This means that the ILUA provides consent for the doing of certain acts by non-native title parties. Specifically, this ILUA provides consent for the doing of the following future acts:
- the renewal, re-making or re-grant of the Pastoral Lease from time to time;
- the grant of licence, permit, or authorisation from time to time, including any amendment or renewal, re-making or re-granting of the Pastoral Lease, to conduct activities for agricultural purposes (including the diversification and intensification of pastoral related activities) on the Pastoral Lease;
- the grant of leases, licences and permits from time to time to conduct Low Impact Tourism activity (farm tourism and non-pastoral based tourism at already existing facilities) in the Pastoral Lease; and
- the grant of pastoral leases from time to time in relation to all or part of any Stock Routes or Reserves, to the extent and in the terms of clause 12 of this ILUA.
Native Title in the Area:
The ILUA is located within the area of native title recognised by the Federal Court of Australiain the consent determination WAD6007/2001 Puutu Kurrama and Pinikura and Pinikura (National Native Title Tribunal No.: WC2001/005).