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Balla Balla Port Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 9 February 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:See map attached , Western Australia, Australia
The ILUA covers about 50 sq km located approx. 8km west of Whim Creek. This ILUA falls within the local council area of the City of Karratha.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 9 February 2016. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: WI2015/020.
Subject Matter:Access | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2015/020
Summary Information:
The Balla Balla Indigenous Land Use Agreement (ILUA) was agreed between BBI Port Aus Operations Pty Ltd and Ngarluma Aboriginal Corporation on 9 February 2016. The agreement area is within the boundaries of the determination of WAD6017/1996 Ngarluma/Yindibarndi (WCD2005/001) where native title exists.
Detailed Information:
Details of the Agreement: The ILUA is located in the in the City of Karratha. It covers about 50 square kilometres and is located approximately 8 kilometres west of Whim Creek.

Commencement: The ILUA commenced on 9 February 2016.

Native Title Provisions: The ILUA does have statements that reference subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth).

Background to the Agreement: This ILUA applies to the Port Land. 'Port Land' means the land to be the subject of the taking and vesting for the purpose of the development and operation of the Port, being that land as described in the written description and as shown on the map attached.

Native Title in the ILUA Area: The ILUA is in the native title claim area which includes the land and waters the subject of WAD6017/1996 Ngarluma / Yindibarndi (WCD2005/001) where native title exists.

Related Entries

Organisation
  • National Native Title Tribunal
  • Yamatji Marlpa Aboriginal Corporation
  • City of Karratha
  • BBI Port Aus Operations Pty Ltd - Signatory
  • Ngarluma Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Ngarluma People - Native Title Claimant
  • Case Law
  • Daniel v State of Western Australia [2005] FCA 536 (2 May 2005)

  • References

    Agreement
    National Native Title Tribunal (6 September 2017) National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2015/020 as at 06/09/2017.
    Article
    ICN Gateway Balla Balla Infrastructure Project

    Documents

    Document
    Balla Balla Port ILUA - ( PDF)
    Balla Balla Port ILUA Map - ( PDF)
    Balla Balla Port ILUA Written Description - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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