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Airservices Australia - Ngaanyatjarra Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 18 January 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Western Desert, Western Australia, Australia
The ILUA is located within the Determination Area of native title made in the Federal Court of Australia proceeding Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors [2005] FCA 831. This determination area covers land and waters within the state of Western Australia, extending west from the border between Western Australia, South Australia and the Northern Territory. The area is within both the Shires of Laverton and Ngaanyatjarraku, and within jurisdiction of the Western Desert Regional Council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: WI2005/00
Subject Matter:Access | Environmental Heritage | Housing, Construction and Infrastructure | Native Title
Summary Information:
The Airservices Australia - Ngaanyatjarra Indigenous Land Use Agreement (ILUA) was agreed between the Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation, the Ngaanyatjarra Land Council and Airservices Australia on 18 January 2006. The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts', regarding the maintenance of aircraft navigational facilities based in Western Australia's remote desert communities. The area over which this ILUA operates was the subject of the biggest native title determination in Australia's history when the Ngaanyatjarra were recognised as the native title holders of 188,000 square kilometres of land in June 2005. This ILUA is the first agreement subsequent to that determination.
Detailed Information:
The Ngaanyatjarra people agree that Airservices Australia can continue to access their meteorological and navigational equipment in order to maintain, upgrade and extend that equipment, except where that would threaten areas of cultural concern. This includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.


The parties to the ILUA consent to the doing of the following acts:
  • the grant of any permits to Airservices Australia to access, enter and remain on the Agreement Area, as well as that Airservices Australia may access Sites and Existing Facilities in accordance with such permits;
  • the construction of additional Facilities by Airservices Australia within the Sites, subject to protecting areas of cultural concern;
  • the grant by the Ngaanyatjarra Land Council of the Reserves 17614 and 21471 Sub-leases to Airservices Australia; and
  • any other acts necessary or incidental to the granting of these Sub-leases.

  • Related Entries

    Organisation
  • AirServices Australia - Signatory
  • Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation - Signatory
  • Ngaanyatjarra Land Council - Signatory
  • National Native Title Tribunal
  • Shire of Ngaanyatjarraku
  • Laverton Shire
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)

  • References

    Media Release
    ABC Online – Message Stick Online (2006) ‘WA: Air navigation agreement a first for Western Australia’
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Airservices Australia - Ngaanyatjarra Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    Glossary

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

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