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Ilkurlka Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 November 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Ilkurlka, Western Australia, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) is Lot 500 on Deposit Plan 52176, which comprises around 40 square kilometres of land in the vicinity of Ilkurlka in the state of Western Australia. The ILUA area is situated near the intersection of Anne Beadwell Highway and Aboriginal Business Road.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 30 November 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. WI2010/022
Subject Matter:Land Transaction | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/WI2010.022/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the State of Western Australia and the Pila Nguru (Aboriginal Corporation) Registered Native Title Body Corporate (RNTBC) on 30 November 2010. The purpose of this ILUA is to provide consent for the grant of a lease in perpetuity over Lot 500 on Deposit Plan 52176 in Ilkurlka.
Detailed Information:
Pursuant to this ILUA, the parties consent to the grant of a lease in perpetuity under s 83(1)(b) of the Land Administration Act 1997 (WA) over the ILUA area, whether or not the grant of this lease would constitute a future act.

Non-extinguishment principle

The parties agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) will apply to any action taken in accordance with this ILUA. This means that any act (such as the grant of the lease) that would otherwise result in the extinguishment of native title in the ILUA area will not have this effect. Instead, native title rights and interests will merely be suspended for the duration of the act.

Right to negotiate provisions

The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to the grant of the lease over the ILUA area.

Background to native title in the ILUA area

The Pila Nguru (Aboriginal Corporation) RNTBC, which is a signatory to this ILUA, administers the native title rights and interests of the Spinifex People. Their native title rights were recognised by the Federal Court of Australia in proceeding WAD 6043 of 1998, where it was found that native title existed in parts of the determination area in the Central Desert Region. The Spinifex People determination relates to approximately 54,316 square kilometres of land, which includes the ILUA area. The West Australian government, which is also party to this ILUA, was involved in the determination.

Related Entries

Agreement
  • Mark Anderson on behalf of the Spinifex People v State of Western Australia [2000] FCA 1717 (28 November 2000)
  • Organisation
  • State of Western Australia - Signatory
  • Pila Nguru Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Land Administration Act 1997 (WA)
  • People
  • Pila Nguru People

  • References

    General Reference
    National Native Title Tribunal (30 November 2010) Extract from the Register of Indigenous Land Use Agreements - Ilkurlka ILUA
    Fact Sheet
    Australian Institute of Aboriginal and Torres Strait Islander Studies (22 July 2008) Prescribed Bodies Corporate Profile: Pila Nguru Aboriginal Corporation
    Case Law
    Commonwealth of Australia (2000) Mark Anderson on behalf of the Spinifex People v State of Western Australia [2000] FCA 1717 (28 November 2000)
    Media Release
    National Native Title Tribunal (28 November 2000) Spinifex Agreement Shows Benefit of Negotiation

    Documents

    Map
    Ilkurlka Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Non-Extinguishment Principle | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia)

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