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Onslow Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 January 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Onslow, Western Australia, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises about 5 square kilometres of land that is divided into 10 mining tenements. It is situated south of Onslow in the state of Western Australia, and is within the jurisdiction of the Shire of Ashburton. The ILUA area falls entirely within the Thalanyji Determination Area of native title made in the proceeding WAD 6113 of 1998 by the Federal Court of Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 January 2011. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. WI2010/027
Subject Matter:Land Use | Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/WI2010.027/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between mining tenement applicant Onslow Resources Ltd and the Buurabalayji Thalanyji Aboriginal Corporation. The purpose of this ILUA is to provide consent for the grant and renewal of each of the ten mining tenements that cover the ILUA area under the Mining Act 1978 (WA).
Detailed Information:
Grant and renewal of tenements in the ILUA area

Pursuant to this ILUA, the parties consent to the grant and renewal of each mining tenement in the ILUA area, as sought by Onslow Resources Ltd.

The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) are not intended to apply to the grant and renewal of these tenements.

Native title in the ILUA area

The mining tenements that make up the ILUA area fall within the Determination Area of native title made in the Thalanyji consent determination, which was handed down on 18 September 2008 by the Federal Court of Australia.

As part of this consent determination, which was filed as Leslie Hayes & Ors on behalf of the Thalanyji People, the Thalanyji People were recognised as having non-exclusive native title rights and interests over 11,120 square kilometres of mostly pastoral land in the West Pilbara. These rights and interests included the right to fish in keeping with traditional law and custom for personal, domestic and non-commercial, communal purposes. The Thalanyji People's native title rights and interests are managed by the Buurabalayji Thalanyji Aboriginal Corporation, which is a signatory to this ILUA.

This consent determination was followed by the registration of five pastoral Body Corporate ILUAs setting out the relationship between the native title rights of the Thalanyji People and the rights of pastoralists in the Determination Area. These ILUAs are the Thalanyji and Yanrey Pastoral ILUA (National Native Title Tribunal File No. WI2009/026), the Thalanyji and Koordarrie Pastoral ILUA (File No. WI2009/027), the Thalanyji and Nyang (Emu Creek) Pastoral ILUA (File No. WI2009/025), the Thalanyji and Minderoo Pastoral ILUA (File No. WI2009/024) and the Thalanyji and Glen Florrie Pastoral ILUA (File No. WI2009/023).

Related Entries

Agreement
  • Hayes on behalf of the Thalanyji People v The State of Western Australia [2008] FCA 1487 (18 September 2008)
  • Thalanyji and Yanrey Pastoral Indigenous Land Use Agreement (ILUA)
  • Thalanyji and Koordarrie Pastoral Indigenous Land Use Agreement (ILUA)
  • Thalanyji and Nyang (Emu Creek) Pastoral Indigenous Land Use Agreement (ILUA)
  • Thalanyji and Minderoo Pastoral Indigenous Land Use Agreement (ILUA)
  • Thalanyji and Glen Florrie Pastoral Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Onslow Resources Ltd - Signatory
  • Buurabalayji Thalanyji Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Mining Act 1978 (WA)
  • People
  • Thalanyji People

  • References

    General Reference
    National Native Title Tribunal (17 January 2011) Extract from the Register of Indigenous Land Use Agreements - Onslow ILUA
    Article
    Office of Native Title (WA) (October 2008) E-Newsletter: Thalanyji Native Title Determination
    Case Law
    Federal Court of Australia (10 October 2008) Hayes on behalf of the Thalanyji People v State of Western Australia [2008] FCA 1487 (18 September 2008)
    Media Release
    National Native Title Tribunal (18 September 2008) Thalanyji People Hear Determination in Onslow
    Western Australian Fishing Industry Council (WAFIC) (18 September 2008) Thalanyji Native Title Determination
    Resource
    National Native Title Tribunal Thalanyji Consent Determination Background Information
    National Native Title Tribunal (18 September 2008) WA - Native Title Determination Summary - Thalanyji

    Documents

    Map
    Leslie Hayes & Ors on behalf of the Thalanyji People - Determination Area Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Body Corporate Agreement (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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