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Ilkurlka Indigenous Land Use Agreement (ILUA)
|Date:||30 November 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Ilkurlka, Western Australia, Australia|
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|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|
|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.|
|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. |
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.
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