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Bidyadanga Initial Works Indigenous Land Use Agreement (ILUA)
|Date:||5 July 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Bidyadanga Community, Western Australia, Australia|
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|The area covered by this Indigenous Land Use Agreement (ILUA) comprises around 3.8 hectares. It is situated in the vicinity of Bidyadanga - the largest Aboriginal community in Western Australia - which has a population of approximately 500 people. Bidyadanga is located around 95 kilometres south-west of Broome, in Western Australia's remote Kimberley region. It falls entirely within the determination areas of the two native title claims made by the Karajarri people (Federal Court File No.: WAD 6100 of 1998). These claims were recognised in Nangkiriny v State of Western Australia  FCA 660 and Nangkiriny v State of Western Australia  FCA 1156.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 July 2011. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. WI2011/004|
|Subject Matter:||Housing, Construction and Infrastructure | Sports and Physical Recreation|
|This Indigenous Land Use Agreement (ILUA) was agreed between the State of Western Australia, Bidyadanga Aboriginal Corporation La Grange Incorporated and Karajarri Traditional Lands Association (Aboriginal Corporation). The purpose of this ILUA is to provide consent for future acts related to the construction of residential accommodation and a basketball court in the ILUA area.|
Pursuant to this ILUA, the parties provide consent to the doing of certain future acts connected to the construction of residential accommodation and a basketball court at Bidyadanga. These acts include the construction and operation of the works, as well as the conduct of activities such as repairs, maintenance and modifications in connection with the construction and operation of the works.
The parties agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) are not intended to apply to any of the future acts to which consent has been granted under this ILUA.
Background to Native Title in the ILUA Area
The ILUA area falls within two determination areas over which the Karajarri people have been recognised as holding native title rights and interests. These determination areas are Karajarri Area A (comprising approximately 24,725 square kilometres of land) and Karajarri Area B (comprising 5,647 square kilometres of land). Native title over both of these determination areas was recognised in the proceeding WAD 6100 of 1998 in two separate decisions.
The Karajarri people's native title rights over Area A were recognised on 12 February 2002 in the case of Nangkiriny v State of Western Australia  FCA 660. In this proceeding, the Federal Court of Australia made a consent determination to the effect that native title existed in the entire determination area. This determination gave the Karajarri the right to possess, occupy, use and enjoy the land and waters to the exclusion of all others. It covered the bulk of the Karajarri people's claim area.
Native title rights over Area B were not recognised until the decision in Nangkiriny v State of Western Australia  FCA 1156 on 8 September 2004, when the Federal Court determined that native title existed in parts of determination area only. This determination gave the Karajarri non-exclusive native title rights over the land and waters of Area B. The Court's decision with respect to this part of the Karajarri people's claim area was postponed until the conclusion of the Miriuwung Gajerrong case by the High Court of Australia, in the wake of the Western Australia v Ward decision on the legal status of native title on pastoral leases.
This decision finalised the remainder of the Karajarri people's native title claim, after a lengthy process that began with the lodging of an application with the National Native Title Tribunal in 1996. This initial application represented but a portion of the land eventually claimed by the Karajarri, when they combined three applications that covered land stretching from the south Kimberley coastline to the Great Sandy Desert in 2000.
The Karajarri Traditional Lands Association (Aboriginal Corporation), which is a signatory to this ILUA, was the registered native title body corporate that administers the land and waters succesfully claimed by the Karajarri people.
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