The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule B of the Agreement, as that part of the Ashburton Pastoral Lease (N0550036) that falls within Native Title Determination Application WAD126/2005 Puutu Kunti Kurrama and Pinikura 2 (WC2005/004) as accepted for registration on 15 December 2006.
The PKKP and Ashburton Downs Indigenous Land Use Agreement (ILUA) was made between Andrew Nicholas Glenn and the PKKP Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).
The agreement area covers about 0.8 sq km, located about 77 km west of Tom Price.
The purpose of the ILUA is to consent to access, pastoral activities and low impact tourism.
The Native Title Representative Body for this area is the Yamatji Marlpa Aboriginal Corporation.
Details of the Agreement:
The agreement commences in full on the date of registration, 4 January 2017.
The agreement, except for Clause 21 and obligations accrued before termination, terminates automatically upon the end of the Pastoral Lease or by 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) do not apply with respect to the agreed future acts.
Future Act Provisions:
The Extract notes that there are statements within the agreement 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 agreement 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, extension, replacement or re-grant of the Pastoral Lease from time to time
- the grant of a 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 in the Pastoral Lease; and
- the grant of the Pastoral lease from time to time in relation to all or part of any Stock Route or Reserve, to the extent and in the terms of clause 12 of this agreement.
Native Title in the Area:
The agreement is located within the area of native title recognised in the consent determination WAD126/2005 Puutu Kunti Kurrama and Pinikura 2 (WC2005/004).