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Thalanyji and Nanutarra Station Indigenous Land Use Agreement (ILUA)
|Date:||4 August 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Nanutarra Station, Western Australia, Australia|
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|The area subject to this agreement covers about 1630 square kilometres over the Nanutarra pastoral lease and lies approximately 90 kilometres south of Onslow.|
|Legal Status:||National Native Title Tribunal No: WI2011/001|
|Legal Reference:||Registered with the National Native Title|
|Subject Matter:||Future Act | Land Use|
|This agreement is between Buurabalayji Thalanyji Aboriginal Corporation and Nanutarra Grazing Pty Ltd. |
This ILUA is one of a series of ILUAs entered into by the Buurabalyji Thalanyji Aboriginal Corporation with pastoral lessees following the determination in Hayes on behalf of the Thalanyji People v The State of Western Australia  FCA 1487 (18 September 2008) dealing with 'practical co-existence issues between native title holders and pastoralists'.
This particular agreement is one of two agreements between the Buurabalayji Thalanyji Aboriginal Corporation and Nanutarra Grazing Pty Ltd signed on 4 August 2011.
|Content of the ILUA|
Commencement and Termination
The ILUA commenced on 4 August 2011, the date the ILUA was registered with the National Native Title Tribunal. The agreement terminates either when the pastoral lease ends or by written mutual agreement of the parties.
The parties have consented to the doing of the following future acts:
- extension, renewal or regrant of the pastoral lease;
- the grant of a licence, permit or authorisation from time to time to conduct activities for agricultural purposes on the pastoral lease;
- maintaining and constructing improvements on the pastoral lease;
- the grant of leases, licences and permits from time to time to conduct low impact tourism activities; and
- the grant of pastoral leases or the extension of the existing pastoral lease in relation to the stock routes or reserves.
Right to Negotiate
The parties agreed that the right to negotiate (see glossary) does not apply in relation to the above future acts.
Background to the ILUA
The Buurabalayji Thalanyji People were granted native title on 18 September 2008 in a consent determination of the Federal Court (Federal Court number WAD 6113 of 1998). The determination concerns 18,432 square kilometres of land and waters in the Pilbara region, near Onslow, Western Australia. The area also covers 13 pastoral leases. The Buurabalayji Thalanyji People have had to enter into two ILUAs, of which this ILUA is one, in respect to these pastoral leases in order to negotiate land use rights.
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