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Ellendale Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 18 August 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Fitzroy Crossing. , Western Australia, Australia
The Agreement Area covers about 1714 sq km approx. 75 km north west of Fitzroy Crossing. The agreement area covers all the land and waters within the external boundary described as: Commencing at the intersection of the western boundary of Exploration License E04/1006 and the southern boundary of Native Title Determination Application WAD258/2012 Warrwa #2 (WC2012/009) and extending easterly and generally north easterly along the southern boundary of that native title determination application.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 August 2014. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:WI2014/002
Subject Matter:Mining and Minerals
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2014/002
Summary Information:
The Ellendale Indigenous Land Use Agreement (ILUA) was agreed between:

- Kimberley Diamond Company NL;

- George Brooking, Kevin Oscar, Isaac Hale, Danny Marr, June Oscar, Mary Aiken, Jimmy Andrews, Patsy Bedford, Patrick Green and Kevin Dann in their capacity as Applicant for and on behalf of themselves and the native title claim group for the Bunuba #2 native title claim (WAD94/2012; WC2012/004);

- J. M. (deceased), R. D. (deceased), B. O. (deceased), B. W. (deceased), B. W. (deceased), A. A. (deceased), Danny Marr and Isaac Hale in their capacity as Applicant for and on behalf of
themselves and the native title claim group for the Bunuba #1 native title claim (WAD 6133/1998; WC1999/019);

- Bunuba Dawangarri Aboriginal Corporation RNTBC;

- State of Western Australia acting through the Minister for Mines and Petroleum; and

- Blina Minerals NL

on 18 August 2014.

The purpose of this Area Agreement is to provide
consent for the granting of a mining lease and the grant of Other Tenements to KDC
Companies.
Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 18 August 2014.

The Extract identifies the start date of the Agreement as 23 December 2013. No end date is specified.

Mining Lease

The mining lease is valid from the Registration Date, being 18 August 2014, and will be considered retrospectively valid.

Should the mining lease become invalid for any reason, the parties provide their consent for the validation of the lease "as against the world to the fullest extent permitted at law."

Other Tenements

The parties consent for the validates any Other Tenements to KDC Companies existing
(a) at the Registration Date; and
(b) after the Registration Date but granted prior to the Registration Date, to the extent that any such Tenement may be invalid.

6.2 The parties agree that to the fullest extent permitted at law, from the Registration Date, the
grant of all Other Tenements held by a KDC Company at the Registration Date or any time
thereafter are valid and are taken always to have been valid.
6.3 For the avoidance of doubt, if any of those Other Tenements are, may be or become at any
time after the Registration Date invalid in any respect, the parties intend the Other Tenements
to be validated as against the world to the fullest extent permitted at law.

Native Title Provisions

The parties agree that from the Registration Date, being 18 August 2014, Subdivision P of the Native Title Act will not apply to the grant of Other Tenements to KDC Companies.

Native Title in the ILUA Area.

The Agreement area includes all land and waters within the native title determination in favour of the Badulgal People. That determination arose from the decision of Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578 (14 December 2004).

Related Entries

Organisation
  • Kimberley Diamond Company NL - Signatory
  • Bunuba Dawangarri Aboriginal Corporation RNTBC - Signatory
  • State of Western Australia acting through the Minister for Mines and Petroleum - Signatory
  • Blina Minerals NL - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Badulgal People - Signatory
  • Badulgal People - Signatory

  • Documents

    Map
    Ellendale Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Ellendale Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Ellendale Indigenous Land Use Agreement (ILUA)Written Description - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | No Liability Company | Lease | Native Title Determination (Australia) | Native Title Claimants (registered) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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