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native title act wa

These regions in WA are as follows:For a comprehensive listing of PBCs and profile information, visit the The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. The agreements also provide $56 million in benefits to the Yawuru for:Read summaries about the two agreements on the Agreements, Treaties and Negotiated Settlements The Murchison Radio-astronomy Observatory Indigenous Land Use Agreement between the WA Government, Commonwealth Scientific and Industrial Research Organisation, Yamatji Marlpa Aboriginal Corporation and the Wajarri Yamatji people was registered on 13 November 2009.It allows for the construction of an observatory and related projects on the former Boolardy Station.Read a summary about the ILUA on the Agreements, Treaties and Negotiated Settlements The Esperance Nyungars ILUA, which was finalised in March 2014, was the first such agreement to be reached in WA, with several other similar agreements currently being negotiated around the State.

The determination was made on 27 September 2017.In reaching this decision, Justice Mansfield also noted the following:Matter appealed to the Full Federal Court decision, 20 July 2017.The validity of all State pastoral lease renewals by Department of Lands in 2015 was also challenged by the applicant.

The Court described Native Title as a collection of rights of indigenous people arising from their traditional laws and customs.The Court held that Native Title can be extinguished by the Crown; once extinguished it cannot revive and is unalienable except by surrender to the Crown. Where the RTN applies, registered Native Title applicants or determined native title holders have the right to negotiate over proposed Agreements reached under the RTN usually provide for:An RTN agreement may also provide for compensation for the loss or impairment of the Native Title rights and interests. All relevant WA Government agencies are consulted and their legal interests are identified and recorded through the Native Title determination process.In some cases, agencies may contribute to innovative settlements, such as the WA is exposed to the responsibilities of Native Title more than any other state or territory. Meanwhile, the Federal Court has determined that the Yamatji Nation holds non-exclusive native title rights and interests over select parcels of land within the agreement area.It aims to ensure that everyone can enjoy their human rights and freedoms in full equality regardless of race, colour, descent, national or ethnic origin, being an immigrant (in some circumstances) or being a relative or associate of someone of a particular ethnicity or other status.

There was also consideration of the proper construction of s 47B. Under the amended Act, applications for mining leases can only be made if there is significant mineralisation or there is an intention to commence productive mining. Mabo (No 2) decision: The High Court dismissed the notion of terra nullius and recognised the concept of Native Title in Australia.

The notes at the end of this compilation (the endnotes) include information about amending laws … The agreement was authorised by the parties in December 2019 and executed on 24 February 2020. It is also extinguished in situations where its holders have abandoned the traditional laws and customs or have died.The Court suggested that Native Title is extinguished by the grants of freehold or leases but not of lesser interests such as an authority to prospect for minerals. Mining Amendment Act 2004: The Act includes transitional amendments that allow for the reversion of mining lease applications to exploration licences and long-term amendments that allow exploratory licences to be extended for longer periods. The combined area of registered and determined native title claims over Western Australia is approximately 90% of the State's land mass. The State later found evidence of historical oil tenements that had been granted over the same area, and argued that these historic tenements extinguished native title.

A key role of the Aboriginal Policy and Coordination Unit is to shape WA's approach and engagement with Native Title groups and Aboriginal communities to resolve claims and leverage community defined opportunities. The determination, handed down by Justice Marshall, recognises exclusive and non-exclusive possession native title over approximately 102,581 square kilometres in the Goldfields region of Western Australia.Pilki: The Federal Court handed down a determination of native title following a contested hearing on the issue of whether there existed a native title right to take and use resources of the land and waters for commercial purposes. Non-exclusive Native Title was recognised over all or part of three pastoral leases; Anna Plains Wallal Downs and Mandora, unvested reserves and small areas of unallocated crown land where partial extinguishment had occurred.Aboriginal Development Package Signing: The WA Government and the Miriuwung Gajerrong people signed an agreement over an Aboriginal Development Package, which allows significant improvement of traditional owners' ability to participate in the economic development of the Kimberley region.Ngadju determination: The Federal Court handed down its determination of native title following its decision on 21 December 2012 and decisions on extinguishment of native title on 21 May 2014 and 3 July 2014. The Agreement was registered on 16 August 2006, binding all parties to the terms. This is a compilation of the Native Title Act 1993 that shows the text of the law as amended and in force on 22 June 2017 (the compilation date).

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