Blackstone Multi Function Police Facility BC Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 October 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Blackstone, Western Australia, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises blocks of land in Blackstone, which is located between Jameson and Wingellina in the Central Desert. The ILUA area is situated in the Shire of Ngaanyatjarraku, in the state of Western Australia. It falls within the Determination Area of native title made in the proceeding QAD 6004 of 2004 by the Federal Court of Australia.
   
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 October 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. WI2008/002
Subject Matter:Health and Community Services
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/WI2008.002/ILUARegisterExport.pdf
Summary Information:
The Blackstone Multi Function Police Facility BC Indigenous Land Use Agreement (ILUA) was agreed between the Minister for Housing and Works (WA) and the Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation. The purpose of this ILUA is to provide consent to a range of future acts that are necessary for the construction and operation of a Multi Function Police Facility in the ILUA area.
Detailed Information:
The Blackstone Multi Function Police Facility

The Blackstone Multi Function Police Facility has been constructed over Lots 69, 70 and 71 of the ILUA area in accordance with a sub-lease that is the subject of this ILUA. According to a media release by Jenny Macklin, the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs, the Facility was intended to 'provide a permanent police presence' in the remote Blackstone area.

The Blackstone Multi Function Police Facility was officially opened on 7 October 2009 by Acting Western Australian Deputy Police Commissioner Mick Burnby, as well as elders from the Blackstone, Jameson and Wingellina communities.

Consent to future acts

Pursuant to this ILUA, the Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation consents to the doing of the following future acts:

  • The grant of a sub-lease to the WA Minister over the ILUA area; and

  • The construction and operation of the Multi Function Police Facility and the associated Government Regional Officers Housing (GROH) in the ILUA area.


  • Under this agreement, the operation of the Facility and the associated GROH includes the conduct of all relevant activities, the carrying out of repairs and maintenance, the making of modifications to the Facility and the construction of facilities ancillary to the Facility and the GROH in the ILUA area.

    Non-extinguishment principle

    The parties agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) will apply to the doing of all future acts to which consent has been granted under this ILUA. This means that even an act that would normally result in an extinguishment of native title in the ILUA area will not have this effect. Instead, native title rights will merely be suspended for the duration of the act.

    Right to negotiate

    The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 1 of the Native Title Act 1993 (Cth) will not apply to the future acts to which consent has been granted under this ILUA.

    Background to native title in the ILUA area

    The ILUA area lies within the Determination Area of native title made in the Ngaanyatjarraku Lands consent determination, which was filed as proceeding QAD 6004 of 2004 and finalised on 29 June 2005. In this proceeding, the Federal Court of Australia recognised the native title rights of the people of the Ngaanyatjarra lands over 187,000 square kilometres of land and waters near the border between South Australia, Western Australia and the Northern Territory. The Ngaanyatjarra People's rights with respect to the remaining 1,429 square kilometres of their claimed area were recognised in a further consent determination dated 3 June 2008.

    In a media release dated 29 June 2005, National Native Title Tribunal Deputy President Fred Chaney described the initial determination as a 'significant moment in history for the Ngaanyatjarra People', who had spent over 25 years seeking to have their land rights recognised. The Ngaanyatjarra People's native title rights, which are exclusive with regard to much of the Determination Area, are administered by the Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation (a signatory to this ILUA).

    The Ngaanyatjarra People are party to a number of Indigenous Land Use Agreements, as well as a Regional Partnership Agreement that was signed by the Ngaanyatjarra Land Council, the Commonwealth and Western Australian Governments and the Shire of Ngaanyatjarraku on 12 August 2005.

    Related Entries

    Agreement
  • Stanley Mervyn, Adrian Young, Livingston West and Others, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors (Unreported, Federal Court of Australia, 3 June 2008, French J)
  • Mervyn & Ors on behalf of the Peoples of the Ngaanyatjarra Lands v State of Western Australia [2005] FCA 831
  • Looma Multi Function Police Facility Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Minister for Housing and Works (WA) - Signatory
  • Ngaanyatjarra People

  • References

    General Reference
    National Native Title Tribunal (10 October 2008) Extract from the Register of Indigenous Land Use Agreements - Blackstone Multi Function Police Facility BC ILUA
    Fact Sheet
    Australian Institute of Aboriginal and Torres Strait Islander Studies (22 July 2008) Prescribed Bodies Corporate Profile: Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation)
    Case Law
    Federal Court of Australia (2005) Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors [2005] FCA 831
    Media Release
    Department of Indigenous Affairs (WA) (29 October 2009) Blackstone Multi Function Police Facility
    The Hon Jenny Macklin MP (7 October 2009) New Police Station for Remote Western Australia
    National Native Title Tribunal (29 June 2005) Desert Survival Marked in Biggest Native Title Determination
    National Native Title Tribunal (3 June 2008) Ngaanyatjarra People's Native Title Recognised in Central Desert
    Resource
    National Native Title Tribunal (2005) Native Title Determination Summary: Ngaanyatjarra Lands
    National Native Title Tribunal (2005) Ngaanyatjarra Lands Native Title Determination: Background Information

    Documents

    Map
    Blackstone Multi Function Police Facility BC Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Lease | Non-Extinguishment Principle | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)