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Looma Multi Function Police Facility Indigenous Land Use Agreement (ILUA)
|Date:||27 January 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Looma, Western Australia, Australia|
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|The ILUA area covers approximately 0.5 hectares and is located within the town of Looma, approximately 100 kilometres southeast of Derby. The ILUA area falls within the jurisdiction of the Shire of Derby-West Kimberley.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 January 2011. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. WI2010/021.|
|Subject Matter:||Housing, Construction and Infrastructure | Land Use | Native Title|
|The Looma Multi Function Police Facility ILUA was agreed between: |
- the Nyikina and Mangala Registered Native Title Claimants;
- the Kimberley Land Council; and
- the State of Western Australia (acting through the Minister for Housing and Works).
The purpose of the ILUA is to provide consent for the construction of a Multi Function Police Facility and Government Regional Officers Housing within the ILUA area.
The parties consent to
- the grant of a sub-lease by Looma Community Incorporated (an Aboriginal & Torres Strait Islander Association) to the Minister for Housing and Works (Western Australia)
- the construction and operation of a Multi Function Police Facility and Government Regional Officers Housing facilities (which provide accommodation for staff of the Police Facility)
This consent is irrevocable and not subject to any conditions.
Compliance by the native title parties
The parties agree that they will not object to the construction of either of the abovementioned future acts. They will similarly not do, or fail to do, anything which would prevent or delay the future acts.
Effect of this ILUA on compensation entitlements
The ILUA does not affect the rights of the native title parties to claim compensation pursuant the Native Title Act 1993 (Cth).
The parties agree that the abovementioned future acts will not extinguish any native title rights or interests, although such interests will be suspended where they are inconsistent with the rights exercised by the non-native title parties.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the abovementioned future acts.
The Looma Multi Function Police Facility is one of a number of new Multi Function Police Facilities to be provided pursuant to a Memorandum of Understanding between the Department of Indigenous Affairs (WA) and the Department of Families, Housing, Community Services and Indigenous Affairs (Cth). Funding for the construction of these facilities totalling $20 million has been provided by the Federal Government. The facilities have been constructed in Perth and are to be transported to the community following the grant of the sub-lease by Looma Community Incorporated.
The ILUA area overlaps with the claim area of the Nyikina and Mangala native title claim (Federal Court File No.: WAD6099/98). The Nyikina and Mangala native title claim covers 27,251.703 square kilometres of land and waters in the north west of Western Australia. The claim was filed on 21 September 1999 and is currently in mediation.
|Department of Indigenous Affairs (30 September 2010 ) Improving Policing in Very Remote Areas|
|National Native Title Tribunal (20 October 2010) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements|
|National Native Title Tribunal (2011) WA - Registered ILUA - Looma Multi Function Police Facility WI2010/021|
|Department of Indigenous Affairs (16 April 2010) Improved Policing in Very Remote Areas Memorandum of Understanding|
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