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Anketell Port, Infrastruture Corridor and Industrial Estates Indigneous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 July 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Cape Lambert, Western Australia, Australia
The agreement area covers approximately 73sq km to the north and west of Cape Lambert in the State of Western Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 July 2014. This is an Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:WI2014/004
Subject Matter:Access | Health and Community Services
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2014/004
Summary Information:
The Anketell Port, Infrastructure Corridor and Industrial Estates Indigenous Land Use Agreement (ILUA) was agreed between:

- The State of Western Australia acting through the Premier of the State of Western Australia;

- Western Australian Land Authority; and

- Ngarluma Aboriginal Corporation RNTBC

on 23 July 2014.

The purpose of the body corporate ILUA is to grant consent by the Ngarluma Aboriginal Corporation and the Ngarluma People to the Project. The Project includes the doing of acts, including future acts, within the Agreement Area for the purposes of constructing port facilities.
Detailed Information:
Details of the Agreement

The ILUA was registered with the National Native Title Tribunal (NNTT) on 23 July 2014.

The Extract does not specify specific start or end dates for the Agreement.

However, the Extract includes reference to Clause 3.1 of the Agreement. This Clause concerns commencement of the Agreement and provides that (with the exception of Parts 2 - 5), the Agreement commences on the Execution Date. Parts 2 - 5 of the Agreement commence on the Registration Date, being 23 July 2014.

In addition, the Extract notes Clause 3.2 of the Agreement, which concerns termination. The Agreement may be terminated upon the following grounds:

- Where the State, prior to the Registration Date gives written notice to the Ngarluma Aboriginal Corporation;

- Where the State, at least six months after the Execution Date and before Registration, gives written notice to the Ngarluma Aboriginal Corporation;

- Where the State or Ngarluma Aboriginal Corporation gives a Termination Notice; or

- by mutual agreement in writing by the State and Ngarluma Aboriginal Corporation.

Native Title Provisions

Upon registration of the Agreement, Part 2 Division 3 Subdivision P of the Native Title Act is not intended to apply to:

- the granting of project titles;
- the granting of project approvals; nor
- the conduct of Project Activities

within the Non-Extinguishment Area.

The consent provided in the Agreement does constitute consent to the doing of future acts within the Non-Extinguishment Area for the purposes of sections 24BB and 24EB of the Native Title Act.

Background Information

This ILUA is the subject of the Western Australian Government's development of a new major deep water port and industrial precinct at Anketell in the Pilbara.

The ILUA constitutes project terms for the construction of a multi-user deepwater port and strategic industrial area, located 30 kilometres east of Karratha and 10 kilometres from Cape Lambert.

With this project, the Western Australian Government envisages that new export opportunities will arise due to facilitating the processing of iron ore and other minerals.

Related Entries

Organisation
  • State of Western Australia - Signatory
  • Western Australian Land Authority - Signatory
  • Ngarluma Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Map
    Anketell Port, Infrastruture Corridor and Industrial Estates Indigneous Land Use Agreement (ILUA) Map - ( PDF)
    Anketell Port, Infrastruture Corridor and Industrial Estates Indigneous Land Use Agreement (ILUA) Extract - ( PDF)
    Anketell Port, Infrastruture Corridor and Industrial Estates Indigneous Land Use Agreement (ILUA) Technical Description - ( PDF)
    Anketell Port, Infrastruture Corridor and Industrial Estates Indigneous Land Use Agreement (ILUA)Western Australian Government Information Sheet - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Non-Extinguishment Principle

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