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Eastern Guruma Pastoral Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 November 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Pilbara region, Western Australia, Australia
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 November 2007. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: WI2006/004
Subject Matter:Access | Consultation | Land Planning | Land Transaction | Native Title
Summary Information:
The Eastern Guruma Pastoral Indigenous Land Use Agreement (ILUA) was agreed between the Coolawanyah Pastoral Co Pty Ltd (APPLICANT) and the Wintawari Guruma Aboriginal Corporation on 21 November 2007.

The purpose of the ILUA is to provide consent for the renewal, re-making, re-grant or extension of the pastoral lease that is the subject of this ILUA, as well as the manner in which native title rights can be exercised in this area. The ILUA states that it will operate until the end of the period of the pastoral lease, or otherwise through written agreement of the parties.
Detailed Information:
The parties to the ILUA consent to:
  • all acts necessary to give full effect to the pastoral lease, including its extension;
  • the grant, in freehold, conditional tenure title or lease, of the homestead area and any area within a one kilometre radius of the homestead; and
  • the grant of any permits or licences for the construction of artesian bores, and for any other pastoral related purposes.

    This ILUA 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 to future acts, 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.

  • Related Entries

    Agreement
  • Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365
  • Pilbara Iron - Eastern Guruma Body Corporate Indigenous Land Use Agreement (ILUA)
  • FMG Pilbara Pty Ltd and Wintawari Guruma Aboriginal Corporation RNTBC Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Wintawari Guruma Aboriginal Corporation - Signatory
  • Coolawanyah Pastoral Co Pty Ltd - Signatory
  • National Native Title Tribunal
  • Shire of Ashburton
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

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

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