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Warburton Corrective Services Work Camp Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 April 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Warburton, Western Australia, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises about 21 hectares of land in the state of Western Australia, near the border with the state of South Australia and the Northern Territory. The ILUA area is in the vicinity of Warburton, east of Meekatharra and north-east of Kalgoorlie. It falls within the jurisdiction of the Shire of Ngaanyatjarraku, and is also within the determination area of native title made in proceeding WAD 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 20 April 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. WI2010/002
Subject Matter:Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/WI2010.002/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the Minister for Corrective Services of the State of Western Australia, and Yarnangu Ngaanyatjarraku (Aboriginal Corporation) as trustee for the Ngaanytjarra Lands Common Law Holders. The purpose of this ILUA is to provide consent for two future acts: the grant of a sub-lease by the Ngaanyatjarra Land Council (Aboriginal Corporation) to the State of Western Australia over the agreement area, and the construction and operation of the Warburton Work Camp on this area.
Detailed Information:
Pursuant to this ILUA, the parties agree to the grant of the sub-lease and also to the construction and operation of the Warburton Work Camp on the ILUA area. This includes the undertaking of activities such as any repairs, maintenance and modifications for the purposes of the Work Camp, as well as the construction of facilities that are ancillary to the Work Camp.

Non-extinguishment principle

The parties also agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) apply to the grant of the sub-lease and the construction and operation of the Work Camp. This means that these acts, which might ordinarily result in the extinguishment of native title in the ILUA area, will not have this effect. Instead, native title rights and interests will merely be suspended for the duration of these acts.

Right to negotiate provisions

The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to the grant of the sub-lease and the construction and operation of the Work Camp.

Background on the Warburton Work Camp

This ILUA is intended to facilitate the construction and operation of the Warburton Work Camp, which will be built by Quality Builders Pty Ltd on behalf of the State of Western Australia. The project is expected to cost $17 million, and is to be completed by the middle of 2011.

In a media release dated 15 September 2010, Western Australia's Corrective Services Minister Christian Porter said that the 30-bed Work Camp is intended to function as a community reintegration facility that will allow prisoners to take part in community work programs. The media release also stated that the Work Camp has received the approval of Ngaanyatjarra community elders, as it will allow some indigenous prisoners to pass part of their sentence near their own family and country.

Background to native title in the ILUA area

The ILUA area falls within the determination area of native title made in the Ngaanyatjarra Lands consent determination of 2005 by the Federal Court of Australia. In this proceeding, the people of the Ngaanyatjarra lands were found to have non-exclusive native title rights over 187,000 square kilometres of land and waters in the Central Desert area of Western Australia. In a media release dated 29 June 2005, National Native Title Tribunal Deputy President Fred Chaney stated that the ruling represented a "significant moment" for the Ngaanyatjarra People, who had been seeking to have their land rights recognised for over 25 years.

The Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation), which is a signatory to this ILUA, administers land on behalf of the people of the Ngaanyatjarra lands. It also administers a number of Indigenous Land Use Agreements in the determination area.

Related Entries

Agreement
  • Mervyn & Ors on behalf of the Peoples of the Ngaanyatjarra Lands v State of Western Australia [2005] FCA 831
  • Organisation
  • State of Western Australia - Signatory
  • Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Ngaanyatjarra People

  • References

    General Reference
    National Native Title Tribunal (20 April 2010) Extract from the Register of Indigenous Land Use Agreements - Warburton Corrective Services Work Camp ILUA
    Department of Corrective Services (WA) (18 August 2010) New Buildings: Warburton Work Camp
    Fact Sheet
    Australian Institute of Aboriginal and Torres Strait Islander Studies (22 July 2008) Prescribed Bodies Corporate Profile: Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation)
    Media Release
    West Australian Minister for Corrective Services Christian Porter (15 September 2010) Builder Appointed for New Work Camp at Warburton
    National Native Title Tribunal (29 June 2005) Desert Survival Marked in Biggest Native Title Determination

    Documents

    Map
    Warburton Corrective Services Work Camp Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Ngaanyatjarra Lands Determination Area Map - ( PDF)

    Glossary

    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) | Extinguishment (Australia) | Non-Extinguishment Principle | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Lease

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