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Ngaanyatjarra Lands Indigenous Land Use Agreement (Body Corporate Agreement) No. 1 (ILUA)

Category: Agreement
Date: 9 March 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Western Desert, Western Australia, Australia
The ILUA is located within the Determination Area of native title made in the Federal Court of Australia proceeding Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors [2005] FCA 831. This determination area covers land and waters within the state of Western Australia, extending west from the border between Western Australia, South Australia and the Northern Territory. The area is within both the Shires of Laverton and Ngaanyatjarraku, and within jurisdiction of the Western Desert Regional Council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: WI2004/005
Subject Matter:Mining and Minerals | Native Title
Summary Information:
The Ngaanyatjarra Lands Indigenous Land Use Agreement (Body Corporate Agreement) No. 1 (ILUA) was agreed between WMC Resources Limited, Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation), Ngaanyatjarra Land Council (Aboriginal Corporation) and the State of Western Australia on 9 March 2006.

The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts', in order that exploration and mining may be conducted over the agreement area.
Detailed Information:
The parties to the ILUA consent to the doing of all acts necessary in relation to the Agreement Exploration Licences and Mining Leases in the agreement area. The mining leases in question are 69/72, 69/73, 69/74 and 69/75.

This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

Related Entries

Organisation
  • Western Mining Corporation Resources Limited - Signatory
  • Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation - Signatory
  • Ngaanyatjarra Land Council - Signatory
  • State of Western Australia - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Ngaanyatjarra Lands Indigenous Land Use Agreement (Body Corporate Agreement) No. 1 (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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