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

Date: 15 June 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

East of Lyons River

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as covering approx. 218 sq km over part of Mt. Augustus pastoral lease and is located approx. 114 km southwest of Paraburdoo. For the avoidance of doubt, the ILUA area excludes any area subject to Native Title Determination WAD6033/1998. For details of the area see Schedule B of the ILUA attached below under documents. The area is within the jurisdiction of the Shire of Upper Gascoyne.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: WI2020/005
Subject Matter:Future Act | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2020/005
Summary Information:

The Mt. Augustus and Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Mt. Augustus Station (1980) Pty Ltd and Woodgoomungooh Aboriginal Corporation.

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

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

Detailed Information:

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 Mt Augustus Pastoral Lease that falls within Native Title Determination Application WAD464/2016 Combined Thiin-Mah, Warriyangka, Tharrkari, Jiwarli (WC2016/003). The ILUA area covers approx. 218 sq km and is located approx. 114 km southwest of Paraburdoo. 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 to the ILUA agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the future acts agreed to under this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies to the granting of Pastoral lease and other tenures over the Stock Routes and Reserves. As per s 24EB(3) of the Native Title Act 1993 (Cth), any of the activities done under 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 the following future acts:

  • the extension, renewal, re-making or replacement of the Pastoral Lease from time to time;
  • the grant of a license, permit, or authorisation to conduct activities for agricultural purposes (including, the diversification and intensification of pastoral related activities) on the Pastoral Lease;
  • the grant of leases, licenses, and permits to conduct Low Impact Tourism activities in the Pastoral Lease area; and
  • the grant of pastoral leases in relation to all or part of the Stock Routes or Reserves (excluding 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).


Related Entries

  • Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v State of Western Australia [2019] FCA 508
  • Organisation
  • National Native Title Tribunal
  • Woodgoomungooh Aboriginal Corporation RNTBC - Signatory
  • Yamatji Marlpa Aboriginal Corporation - Aboriginal Representative Party
  • Upper Gascoyne Shire
  • Mt Augustus Station (1980) Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2020/005 as at 09/10/2020 (Mt Augustus and Combined Thiin-Mah, Warriyanka, Tharrkari, Jiwarli ILUA) - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)