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Gooniyandi and Margaret River Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 September 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Fitzroy Crossing. , Western Australia., Australia
The Agreement Area covers approximately 250 square kilometres in the vicinity of Fitzroy Crossing in the Kimberley. It is located in the Shire of Halls Creek, Western Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 January 2014.
Legal Reference: National Native Title Tribunal File No.: WI2013/009
Subject Matter:Land Use | Pastoral Activities | Recognition of Native Title or Traditional Ownership
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/WA_-_Registered_ILUA_-_%20Gooniyandi_and_Margaret_River_ILUA_WI2013_009.aspx
Summary Information:
The Gooniyandi and Margaret River Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Yougawalla Pty Ltd(applicant); and

- the Gooniyandi Aboriginal Corporation RNTBC ICN 7870.

The purpose of the ILUA is to authorise a pastoral lease over the land covered by the Agreement.
Detailed Information:
Details of the agreement

Commencement

The start date of the Agreement is 4 September 2013. The ILUA was registered with the National Native Title Tribunal on 7 January 2014. No end date is specified but the Agreement is said to come to an end when the pastoral lease finishes or where the parties mutually agree to end it. The length of the lease is not specified in the Extract.

Native Title Provisions

Future Acts

The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.

This means that the ILUA does not:

- provide consent for the doing of any acts by
non-native title parties;

- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.


Background to the Agreement:

Native Title in the ILUA Area

The case of Sharpe v State of Western Australia [2013] FCA 599 was a consent determination which found that native title is held by the Gooniyandi People in an area to the east and south of Fitzroy Crossing in the Kimberley region of Western Australia. Exclusive native title rights and interests were recognised over approximately half of the determination area and non-exclusive native title rights and interests over the remainder of the determination area.

The Court held that native title rights and interests do not exist with respect to pastoral improvements on pastoral leases, including any buildings, airstrips, roads, watering points and stockyards.

The area of the Gooniyandi Application covers almost 11,209 square kilometres of land and waters, including wetlands and riverine systems, located to the east and south of Fitzroy Crossing in the Kimberley region of Western Australia. The Gooniyandi Application Area includes the Bohemia Downs, Mt Pierre, Christmas Creek, Louisa Downs Pastoral Leases, parts of Gogo, Fossil Downs, Larrawa, Emmanuel and Margaret River Pastoral Leases, areas of land designated as Reserve, and a small area of unallocated Crown land.

The parties, which included the State of Western Australia, the Applicant and the holders of pastoral leases, used mediation to reach an agreement as to the terms of the terms of the native title determination.

Related Entries

Agreement
  • Sharpe v State of Western Australia [2013] FCA 599
  • Organisation
  • Gooniyandi Aboriginal Corporation - Signatory
  • Yougawalla Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Gooniyandi People
  • Case Law
  • Sharpe v State of Western Australia [2013] FCA 599

  • Documents

    Map
    Gooniyandi and Margaret River ILUA - Map - ( PDF)
    Gooniyandi and Margaret River ILUA - Description - ( PDF)
    Gooniyandi and Margaret River ILUA - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Applicant | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | State Government | Legislation | Lease | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Representative Body (NTRB) (Australia) | National Native Title Tribunal (NNTT) (Australia)

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