Agreements, Treaties and Negotiated Settlements Project

Balanggarra #3 Indigenous Land Use Agreement
Date:	14 February 2020
Sub Category:	Future Act Agreement (Native Title Act) \| Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Wyndham
State/Country:	Western Australia, Australia
	The Extract from the Register of Indigenous Land Use Agreements describes that the ILUA area covers about 9 ha, consisting of six land parcels, being Lots 1776, 1777, 1778, 1779 on DP208835, Lot 1365 on DP213443 and Lot 1297 on DP210697. For details of the area see Schedule 1 of the ILUA attached below under documents. The area is within the jurisdiction of the Shire of Wyndham-East Kimberley.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 14 February 2020. This is an area authorised Indigenous Land Use agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal file no.: WI2019/004
Subject Matter:	Native Title \| Native Title - Extinguishment
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2019/004
Summary Information:
The Balanggarra #3 Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between: State of Western Australia acting through the Attorney General; Balanggarra Aboriginal Corporation (RNBTC); Jean Leyland, Jeff Clark, Tom Birch and Vernon Gerrard for and on behalf of the Balanggarra Claim group #3; Kimberley Land Council Aboriginal Corporation; and Minister for Lands, a body corporate continued under section 7(1) of the Land Administration Act 1997 (WA). The purpose of the ILUA is for the Balanggarra Claim Group #3 to give consent to the surrender and extinguishment of all native title rights and interests over the ILUA area. The parties also consent to the State creating and granting freehold titles and leases over the area. The Native Title Representative Body for this area is the Kimberley Land Council Aboriginal Corporation.
Detailed Information:
Details of the Agreement: Commencement and Termination: The ILUA is binding from the date on which all parties have signed the ILUA. The ILUA binds all parties, their successors and permitted assigns. No party may unilaterally terminate the ILUA due to any reason, including by reason of breach and repudiation by any party to the ILUA. All parties may agree in writing to terminate the ILUA, even after the ILUA is registered. Native Title Provisions: Right to negotiate: The parties agree that the right to negotiate provisions under the Native Title Act 1993 (Cth) do not apply in relation to the agreed future acts. Extinguishment: The parties agree to the extinguishment of all native title rights and interests in the ILUA area. The parties intend that the surrender and extinguishment will occur on the date the ILUA is registered. Future act provisions: The parties agree to the State creating and granting the following freehold titles: certificate of title comprising Lots 1776, 1777, 1778 and 1779 on DP208835; certificate of title comprising Lot 1365 on DP213443; certificate of title comprising Lot 1297 on DP210697; as well as a general lease over the whole of Lot 1365 on DP2143443, under section 79 of the Land Administration Act 1997 (WA); and a general lease over the whole of whole Lot 1297 on DP210697, under section 79 of the Land Administration Act 1997 (WA). Native Title in the Agreement Area: The ILUA area is within the native title determination Cheinmora v State of Western Australia (No. 3) [2013] FCA 769 (Federal Court No.: WAD6004/2000; NNTT No.: WCD2013/006).