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Wickham Motorcross Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 8 November 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Wickham , Western Australia, Australia
Wickham is located in the north west of Western Australia in the Shire of Roebourne.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements
Legal Reference: Tribunal file no: WI2011/008
Subject Matter:Health and Community Services | Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2011/008
Summary Information:
The Wickham Motorcross Indigenous Land Use Agreement (ILUA) is a body corporate agreement between the Minister for Lands (applicant), the Ngarluma Aboriginal Corporation and the Shire of Roebourne. The purpose of the agreement is to allow the creation of a reserve on crown land to the south of Wickham for the purposes of constructing a motorcross track (Shire of Roebourne, 2009). On registration of this ILUA in November 2011, clauses 2, 8, 9, 10, 11, 12, 13 and 14 came into effect. The ILUA will terminate if and when the Minister cancels the Reserve under clause 10.2 or where the Parties agree to end the Agreement.
Detailed Information:
Details of the Agreement
Under the Wickham Motorcross ILUA the parties agreed to the following future acts:
- the creation of a reserve for the purposes of constructing a motorcross track pursuant to section 41 of the Land Administration Act 1997 (WA).
- the making of any management order in order for the shire council to undertake the management of the reserve pursuant to section 46 of the Land Administration Act 1997 (WA). This includes the power for the shire council to grant a lease or license over the area, prepare and submit the management plan consistent with the purpose of the Reserve.

Background
The Wickham Motorcross ILUA provides for the construction of a motorcross track in the town of Wickham, allowing the community to use the facility. The ILUA was the result of discussions with the Wickham Motorcross club (Ngarluma Aboriginal Corporation, 2009).

The parties
Ngarluma Aboriginal Corporation (along with the Yindjibarndi Aboriginal Corporation) are the registered native title bodies corporate for the litigated native title determination in Daniel v State of Western Australia [2005] FCA 536 (2 May 2005).
The Shire of Roebourne is located in Western Australia and its regional hub is the town of Karratha in the Pilbara.

Native title history
The Ngarluma People, together with the Yindjibarndi peoples, lodged a claim for Native Title with the Federal Court of Australia on 21 November 1996. On the 2nd of May 2005 in Daniel v Western Australia [2005] FCA 536 (2 May 2005) the Federal Court awarded non-exclusive Native Title rights to the Ngarluma and Yindjibarndi peoples. The Native Title rights recognised include the right to access, the right to conduct rituals and ceremonies, and the right to hunt, fish, forage, collect bush tucker, bush medicine, ochre, flora, fauna and water and the right to protect and care for sites and objects. The case was the Pilbara region's first determination of native title.

Related Entries

Organisation
  • State of Western Australia - Signatory
  • Ngarluma Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Land Administration Act 1997 (WA)
  • People
  • Ngarluma People
  • Case Law
  • Daniel v State of Western Australia [2005] FCA 536 (2 May 2005)

  • References

    General Reference
    Shire of Roebourne (2009) Ordinary Council Meeting Minutes - 15 June 2009
    Ngarluma Aboriginal Corporation (2009) Ngarluma Monthly - September 2009
    National Native Title Tribunal (2011) Registered ILUA - Wickham Motorcross ILUA WI2011/008

    Documents

    Map
    Wickham Motorcross ILUA - ( Image | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Litigated Determination (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Native Title Determination (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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