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Rubibi Agreement with the State of Western Australia (29 October 2004)

Category: Agreement
Date: 29 October 2004
Sub Category:Land Use Agreement
Location:Broome, Western Australia, Australia
The agreement involves land around Broome, Western Australia.
Alternative Names:
  • Minyirr Park
  • Subject Matter:Collaboration / Partnership | Health and Community Services | Native Title | Land Transaction | Native Title - Extinguishment | Economic Development
    Summary Information:
    The agreement between the Rubibi Traditional Owners, the Kimberley Land Council and the Western Australian Government was signed on 29 October 2004.

    Under the agreement, Rubibi Traditional Owners agreed to give up native title rights over certain land in return for a package of social and economic benefits. The agreement enables construction of a residential development near Cable Beach and a new residential aged care centre for Broome.

    The aged care facility is envisaged to include employment and training opportunities for Rubibi people and serve long-term needs of the Broome community (see Kimberley Land Council 2004).
    Detailed Information:
    Details of the agreement for the Rubibi include:
    - limited title over Kennedy Hill;
    - freehold title over the Clementson St Reserve, with an agreement for the Rubibi to lease some of the Clementson St Reserve to Southern Cross Care, rent free for 50 years, for the aged care facility. Rubibi people are to participate in designing the facility; and
    - agreeing to an extinguishment of native title by withdrawing an objection to compulsory acquisition of 33ha of land near Cable Beach for residential development (Kimberley Land Council 2004; MacTiernan 2004). The residential development is expected to make 250 to 280 residential lots available for sale (MacTiernan 2004).

    Specifically, the agreement 'in relation to residential subdivision Neighbourhood A Stage 5B & 5C contemplates:
    (i) the consolidation of Minyirr Park - Stage 1 (Reserves #19289, 43080, 36477) to include adjoining parcels of unallocated Crown land; and
    (ii) the negotiation of an improved joint management regime for Rubibi and the Shire in relation to the consolidated Minyirr Park, the cultural corridor excised from the Stage 5B & 5C subdivision, and the Foreshore Reserve #39556 (Chinatown-to-Town Beach)' (Shire of Broome 2004).

    Related Entries

    Agreement
  • Rubibi Interim Agreement with the Shire of Broome (1 May 1996)
  • Organisation
  • Kimberley Land Council (Aboriginal Corporation) - Signatory
  • State of Western Australia - Signatory
  • Southern Cross Care Australia (Inc)
  • Case Law
  • Rubibi Community v State of Western Australia (2001) FCA 1153
  • Rubibi Community v State of Western Australia (No 7) [2006] FCA 459

  • References

    Article
    Kimberley Land Council (2004) Major Land Agreements in East and West Kimberley
    Media Release
    Alannah MacTiernan (2004) Historic Agreement Signed Today between Rubibi and State Government
    Report
    Shire of Broome (2004) Minutes for Special Meeting of the Coastal Park Management Committee

    Glossary

    Land Use Agreement (Australia)

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