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Karajarri Traditional Lands Association KSCS Eighty Mile Beach Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 October 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South of Broome, Western Australia, Australia
The ILUA area covers approximately 342 sq km, and is located about 191 kms south of Broome. The ILUA Area comprises the Eighty Mile Beach Marine Park Intertidal Area, the Walyarta Conservation Park Area, the Jinmarnkur Conservation Park Area, the Jinmarnkur Kulja Nature Reserve Area and the 1994 Dragon Tree Soak Nature Reserve Addition Area.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 22 October 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: WI2015/010
Subject Matter:Access | Land Management | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2015/010
Summary Information:
Karajarri Traditional Lands Association KSCS Eighty Mile Beach Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- the State of Western Australia (applicant);

- Karajarri Traditional Lands Association (Aboriginal Corporation);

- Minister for Lands, Western Australia;

- Minister for Environment, Western Australia;

- Conservation Commission of Western Australia;

- Marine Parks and Reserves Authority; and

- The Chief Executive Offcer of the Department of Parks and Wildlife, acting through the Conservation and Land Management Executive Body.

The purpose of this Agreement is to provide consent for a marine park, conservation park and nature reserve, pursuant to the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA).
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 22 October 2015.

The Extract states that some clauses of the ILUA operate as and from the date the ILUA is executed, being 23 June 2015.

Clause 6.1(a) states that Clauses 2, 3, 4, 5, 6, 7, 19, 20, 21, 22, 23, 24, 25, 27, 28 and 29 have force and effect from the Execution Date (23 June 2015).

However the majority of clauses within the Agreement operate as and from the later of the following dates:

(1) the date upon which the ILUA is registered on the Register of Indigenous Land Use Agreements (22 October 2015); and
(2) the date upon which Grant Agreement (as defined in the ILUA) is executed (the "Commencement Date").

Once the Agreement has been both registered and executed, the remaining provisions of the Agreement (other than those specified under clause 6.1(a)) have force.

Cessation

Subject to clause 6.3 (Termination), this Agreement is to continue indefinitely.

Native Title Provisions

Acts referred to in ss 24EB or 24EBA of the Native Title Act (concerning the effect of registration)

Clause 8.1 of the Agreement states that the Parties irrevocably consent to the Future Acts set out in clauses 8.2, 8.3, 8.4 and 8.5 of the Agreement, with the intent that the requirements of section 24EB(1)(b) of the Native Title Act is satisfied.

The Parties also agree to validate the creation of the 1994 Dragon Tree Soak Nature Reserve Addition area to the extent that it was a Future Act that was done invalidly, with the intent that the requirements of section 24EBA(1)(a) of the Native Title Act is satisfied.

Consent for Future Acts

The Marine Park

Clause 8.2 of the Agreement provides for consent to the reservation of the Eighty Mile Beach Marine Park Intertidal Area for the purpose of "Marine Park" in line with s 13 of the Conservation and Land Management Act.

The Conservation Park and Nature Reserve

Clause 8.3 of the Agreement provides consent for the reservation of the Walyarta Conservation Park (Karajarri Part) and the Jinmarnkur Conservation Park for the purpose of "Conservation Park" under s 41 of the Land Administration Act. It also provides consent for the reservation of the Jinmarnkur Kulja Nature Reserve Area for the purpose of "conservation of flora and fauna" under s 41 of the Land Administration Act. These reserves are to be vested in the Conservation Commission under section 7 of the Conservation and Land Management Act.

The Conservation Park and Nature Reserve - Right to Opt-Out

Clause 8.6 of the Agreement states that the creation of the Walyarta Conservation Park (Karajarri Part) is subject to the right of the Prescribed Body Corporate (PBC) to opt-out, at any time prior to 30 June 2015.

Clause 8.7 also provides that the PBC has the right to withdraw consent for the Walyarta Conservation Park (Karajarri Part), the Jinmarnkur Conservation Park and the Jinmarnkur Kulja Nature Reserve Area if legislative amendments are made as described within clause 8.4(a). The relevant legislative amendments are to the effect that:

(1) Nature Reserves and Conservation Parks may be vested jointly in the Conservation Commission and another body or person; and/or
(2) care, control and management of Nature Reserves and Conservation Parks may be placed jointly with the Conservation Commission and another body or person.

If the relevant legislative amendments are made, the PBC has six months after the enactment of the amendments to withdraw consent for the reservation of the Walyarta Conservation Park (Karajarri Part), the Jinmarnkur Conservation Park and the Jinmarnkur Kulja Nature Reserve Area.

Native Title in the Agreement Area

The Agreement area falls within the Karajarri People native title application (Federal Court File Number: WAD295/2012; Tribunal File Number: WC2012/011).

Related Entries

Organisation
  • State of Western Australia
  • Karajarri Traditional Lands Association (Aboriginal Corporation)
  • Conservation Commission of Western Australia
  • Marine Parks and Reserves Authority
  • People
  • Minister for Lands for the State of Western Australia
  • Minister for Environment (Western Australia)
  • Chief Executive Officer of the Department of Parks and Wildlife

  • Documents

    Map
    Karajarri Traditional Lands Association KSCS Eighty Mile Beach Indigenous Land Use Agreement (ILUA) - Schedule 2 Plans - ( PDF)
    Karajarri Traditional Lands Association KSCS Eighty Mile Beach Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Karajarri Traditional Lands Association KSCS Eighty Mile Beach Indigenous Land Use Agreement (ILUA) - Schedule 1 Land Description - ( PDF)
    Karajarri Traditional Lands Association KSCS Eighty Mile Beach Indigenous Land Use Agreement (ILUA) - Attachment A: Future Acts - ( PDF)

    Glossary

    Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Legislation | Future Act (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applicants | Native Title Claimants (registered) (Australia) | Native Title Claimants (unregistered) (Australia) | Native Title Determination (Australia) | State Government

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