Wyamba Aboriginal Corporation & Minnie Creek Pastoral Lease Indigenous Land Use Agreement (ILUA)
|Date: ||8 January 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Upper Gascoyne region, Western Australia, Australia|
|The area covered by this ILUA includes land and waters in the upper Gascoyne region surrounding the Barlee Range Nature Reserve in the state of Western Australia. The ILUA area is within the jurisdiction of the Shire of Upper Gascoyne.
More specifically, this ILUA covers those parts of Pastoral Lease 3114/1055 (Minnie Creek) that fall within the determination area of native title made in the proceeding WAD 6212 of 1998 by the Federal Court of Australia. It also covers parts of Reserve 9701 and Reserve 711, but excludes Road No. 9476 as well as areas where it was determined that native title did not exist. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 September 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. WI2010/011|
|Subject Matter:||Future Act | Land Use | Pastoral Activities|
|Summary Information: |
|The Wyamba Aboriginal Corporation & Minnie Creek Pastoral Lease Indigenous Land Use Agreement (ILUA) was agreed between the Wyamba Aboriginal Corporation and pastoralists Bagden Pty Ltd and K Biggs Enterprises Pty Ltd for the period commencing on 8 January 2010. The purpose of the ILUA is to allow the grant of a pastoral lease over the ILUA area, and also to provide consent for a range of future acts with respect to this area.|
|Detailed Information: |
|This ILUA includes agreement that a range of "future acts" may be done with respect to the ILUA area. |
The parties to the agreement have consented to the doing of the following acts:
- The extension, renewal, re-making or re-grant or replacement of the pastoral lease from time to time for any term, provided that this does not provide the pastoralists with any rights greater than an extension of the length of the lease term;
- The conversion of up to 6.25 square kilometres of the ILUA area around each homestead into an estate in fee simple or an estate for any purpose and any terms;
- The grant of a license, permit or authorisation to conduct activities for agricultural purposes on the ILUA area;
- The grant of leases, licenses and permits to conduct low impact tourism activity on the ILUA area; and
- The grant of pastoral leases from time to time in relation to stock routes or reserves on the ILUA area, with the pastoralists having the right to use these routes and reserves for pastoral purposes.
The parties have stipulated that their consent to the above acts will not affect the operation of laws relating to the protection of Aboriginal cultural heritage. Nor does their consent to the above acts constitute the agreement of the Thudgari people to any damage to sites or areas of cultural significance.
The parties also agree that this ILUA will terminate either when the pastoral lease comes to an end, or when the parties mutually agree to the termination in writing, whichever of the two events happens first.
The parties agree that the non-extinguishment principle applies to future acts undertaken pursuant to this ILUA. This means that under s 24EB(3) of the Native Title Act 1993 (Cth), any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests. Instead, the native title interests are revived when the activities have been completed.
Right to negotiate provisions
The parties agree that the right to negotiate provisions in Subdivision P of Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to any of the future acts undertaken under this agreement.
Background to native title in the ILUA area
Native title with respect to the area covered by this ILUA was recognised in the proceeding WAD 6212 of 1998 by the Federal Court of Australia. In this proceeding, it was established that the Thudgari people were the holders of non-exclusive native title rights with respect to parts of the claimed area that excluded the Barlee Range Nature Reserve, some other reserves, roads and easements containing public works due to extinguishment.
The native title rights over the claimed area included access rights, as well as rights to engage in activities such as hunting, gathering, fishing and maintaining sacred sites. The Wyamba Aboriginal Corporation had been nominated to hold these native title land rights on trust for the Thudgari people.
ILUA signatories Bagden Pty Ltd and K Biggs Enterprises Pty Ltd were both among the pastoral respondents in this proceeding, with pastoral leases being among the non-native title interests that were recognised over the claimed area. It was agreed that the determination would be followed by the signing of Indigenous Land Use Agreements between the Wyamba Aboriginal Corporation and the pastoralists, with this ILUA being one of these agreements.