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Yawuru Area Agreement Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 August 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Broome, Western Australia, Australia
The area covered by this ILUA is about 362 square kilometers of land and water located near Broome, Western Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 06 August 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth)
Legal Reference: National Native Title Tribunal File No.: WI2010/04
Subject Matter:Cultural Heritage | Economic Development | Environmental Heritage | Native Title | Native Title - Extinguishment | Tourism
URL: http://www.nativetitle.wa.gov.au/Agreements/YawuruAgreements/Pages/YawuruAreaAgreement.aspx
Summary Information:
The Yawuru Agreements, made between the Yawuru People, the Western Australian Government and others, cover approximately 5,300 square kilometres of land in and around Broome.

Click here to view a map of the area.

The Federal Court has previously recognised native title rights over this land.

The Agreements finally resolve issues arising out of the Rubibi 6 (2001) and Rubibi Community (2006) native title claims and have the effect of releasing the Government from any liability for compensation in relation to those claims.

The agreements also resolve heritage issues affecting land required for future development in and around Broome and now make land available in for development of residential and industrial areas, for tourism and future airport development.

Benefits to the Yawuru People
The Yawuru People will receive monetary benefits of $56 million. This will be available for capacity building, preservation of culture and heritage, economic development, social housing and joint management of a proposed conservation estate.

The agreements provide land valued at around $140 million to the Yawuru people for development and cultural heritage purposes.

Monetary benefits for the Yawuru people are outlined in the Prescribed Body Corporate ILUA.

The Minister for Environment, Donna Faragher, said 'One of the main goals of the agreement is to provide opportunities for Aboriginal people to work on their own country and be involved in decision-making on how that country is managed..."

Benefits to the State
The agreements free land in Broome to be used for residential development, tourism, heavy and light industry and an airport.

This Area Agreement consists of about 362 square kilometres of land and water, located in the vicinity of Broome.
Detailed Information:
Maps of the areas which are the subject of this agreement are available here.

Details of the Agreement

Transfer of Freehold Title to Nyamba Buru Yawuru
Native title is surrendered and extinguished in relation to land detailed in Schedule 4, upon the transfer of unconditional freehold title from the State to the Yawuru Native Title Group. This includes land at 12 Mile Land, Chapple Street Land, Fairway Drive North Land and Wattle Downs Land.

Validation of Fee Simple Titles
The parties agree to validate the grant of fee simple titles in Neighbourhood 5A at Cable Beach. Native title is surrendered and extinguished in relation to this land and is detailed in Schedule 5.

Surrender of Native Title
The Yawuru Native Title Group has surrendered native title in the land which is detailed in Part 1, Schedule 6 of the agreement. This includes a Caravan Park, parts of Fairway dive North land and parts of Wattle Downs Land. Certain areas will be reserved for drainage and public open spaces.

Conservation Estate
A Conservation Estate will be established under the Area Agreeement and the PBC Agreement. The Area Agreement stipulates that Marine Park areas, Townsite areas and Out of Town areas will be incorporated into the Conservation Estate. These areas are described in Schedule 7 of the agreement.

There is an Assistance Agreement and a Joint Management agreement in place which outline the responsibilities for the care, management and control of the above areas. Parties agree to the doing of future acts in relation to the management of the Conservation Estate and agree that the non-extinguishment principle applies.

Construction of Sealed Road
The State will pay the Shire of Broome to construct and subsequently maintain for 10 years a sealed road from Broome Rd to Morrell Park.

Compensation
By executing this agreement, the Yawuru Native Title Group acknowledge that the agreements makes full and final compensation for the extinguishment and impairment of native title rights and interests included in the agreement.
Outcomes:
The registration of this ILUA is the final part in resolving native title and compensation issues over around 5,300 square kilometres of land in and around Broome.

Related Entries

Agreement
  • Rubibi Interim Agreement with the Shire of Broome (1 May 1996)
  • Yawuru Prescribed Body Corporate Indigenous Land Use Agreement (ILUA) - Broome
  • Organisation
  • State of Western Australia - Signatory
  • Conservation Commission of Western Australia - Signatory
  • Kimberley Land Council (Aboriginal Corporation) - Signatory
  • Broome Shire - Signatory
  • Nyamba Buru Yawuru Ltd - Signatory
  • Yawuru Native Title Holders Aboriginal Corporation RNTBC
  • Marine Parks and Reserves Authority - Signatory
  • Conservation and Land Management Executive Body - Signatory
  • National Native Title Tribunal
  • Legislation
  • Conservation and Land Management Act 1984 (WA)
  • Native Title Act 1993 (Cth)
  • Land Administration Act 1997 (WA)
  • People
  • Yawuru People - Signatory
  • Minister for Lands for the State of Western Australia
  • Case Law
  • Rubibi Community v State of Western Australia (No 7) [2006] FCA 459

  • References

    Article
    National Native Title Tribunal (10 March 2010) The Yawuru People's native title journey
    Fact Sheet
    Office of Native Title, Western Australia Fact Sheet: Yawuru Agreements
    Media Release
    Attorney General's Office, WA (6 August 2010) Benefits flow from Australia's biggest native title agreements
    Donna Faragher, Minister for Environment WA (25 August 2010) Historic agreement delivers conservation outcomes for Broome
    Newspaper Article
    The Koori Mail (10 March 2010) Yawuru Sign Deal over Broome Land
    Resource
    National Native Title Tribunal (6 August 2010) Extract from Register of Indigenous Land Use Agreements: Yawuru Area Agreement ILUA
    National Native Title Tribunal (24 May 2010) Extract from Register of Indigenous Land Use Agreements: Yawuru Prescribed Body Corporate ILUA

    Glossary

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

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