Williambury and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli Indigenous Land Use Agreement (ILUA)

West Lyons River

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15/06/2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Williambury and Combined Thiin-Mah, Warriuangka, Tharrkari, Jiwarli Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Williambury Station (WA) and Moogooree Pty Ltd, and Woodgoomungooh Aboriginal Corporation.

The purpose of the ILUA is to gain the consent of the Thiin-Mah, Warriyangka, Tharrkari, Jiwarli (TMWTJ) peoples for agreed future acts relating to the renewal of pastoral leases, granting of pastoral leases over stock routes and reserves, and the licensing of agricultural and low impact tourism activities on the land.

The Native Title Representative Body for this area is Yamatji Maripa Aboriginal Corporation.

Details of the Agreement:

Agreement Area:

The extract from the Register of Indigenous land Use Agreements describes the area covered by this ILUA as the part of Williambury Pastoral Lease (N050650) that falls within Native Title Determination application WAD464/2016 Combined Thiin-Mah Warriyangka, Tharrkari, Jiwarli (WC2016/003). The agreement area covers approx. 281 sq km and is located 108 km north of Gascoyne Junction. For more information, see Schedule B and the map attached below.

Commencement and Termination:

The ILUA commenced when all parties become signatories. It operates as an ILUA, and in relation to the agreed acts from the date of its registration. This agreement will be terminated when the parties mutually agree in writing, or when the Pastoral Lease comes to an end.

Native Title Provisions:

Right to negotiate:

The parties agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed future acts outlined in this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies to the granting of the Pastoral Lease and other tenure with regard to Stock Routes and Reserves. This means that as per s 24EB(3) of the Native Title Act 1993 (Cth), any of the activities granted by the pastoral lease which may be inconsistent with native title rights and interests, do not extinguish them.

Future act provisions:

The TMWTJ People and the TMWTJ PBC agree to the doing of certain future acts, namely;

• the extensions, renewal, re-making, re-granting or replacement of the Pastoral Lease from time to time;
• the grant of a licence, permit or authorisation from time to time, 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 Pastoral Leases from time to time in relation to all or part of the Stock Routes or Reserves (not including Reserve 26808, Barlee Range Nature Reserve).
  

Native Title in the Agreement Area:

The ILUA is within the determination area of Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v State of Western Australia [2019] FCA 508 (FCA file no.: WAD464/2016; NNTT file no.: WCD2019/003).

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