The making of the Yamatji Nation native title determination and the signing of the Indigenous Land Use Agreement (ILUA) in Geraldton were landmark achievements.
The ILUA was registered with the National Native Title Tribunal on 30 July 2020. Conclusive registration took effect on 26 October 2020.
This Yamatji Nation, Indigenous Land Use Agreement (YNILUA) resolves the State Government’s native title compensation liability over 48,000 square kilometres in WA’s midwest region covering the Yamatji Nation native title claim. As native title holders, the Yamatji Nation have non-exclusive possession rights over culturally significant parts of the former Barnong, Menai Hills and Kadji Kadji pastoral leases, as well as land parcels near the Wandana Nature Reserve, Lucky Bay and the Aboriginal Lands Trust areas in Carnamah, Kadathini and Eneabba.
The (YNILUA) will provide an enduring benefits package to ensure self-determination and long-term economic independence and opportunity for Yamatji people. The benefits package involves a number of components including cash, economic development opportunities, Aboriginal heritage protection, recognition, housing, governance, access to water, land and a conservation estate management package.
DMIRS has representatives on the Implementation and Government Partnership Committees, and an ongoing role in administering associated mining and petroleum approvals, calculation of the mining rent revenue stream and in complying with the associated Yamatji Government Standard Heritage Agreement.
Upon conclusive registration of the YNILUA the future act regime of the (Cth) Native Title Act 1993 ceases to apply throughout the Agreement Area.
All existing agreements remain in force. From the date of conclusive registration, DMIRS is bound to apply the heritage condition prescribed at Clause 22.5 of the YNILUA, upon grant of mining tenements, titles under the Petroleum and Geothermal Energy Resources Act 1967 and pipeline licences under the Petroleum Pipelines Act 1969.
The purpose of the condition is to ensure that the proponent has taken steps to execute and enter into an Aboriginal Heritage Agreement or a Yamatji Proponent Standard Heritage Agreement (YPSHA) (as defined in the YNILUA) with Yamatji Southern Regional Corporation (Regional Entity). The registered title holder must provide a Proponent Statutory Declaration (as per Schedule 18 of the YNILUA) as evidence of compliance of that condition.
The (YPSHA) is located at Schedule 17 of the (YNILUA) and mirrors the Yamatji Government Standard Heritage Agreement (YGSHA). The YPSHA provides a template agreement for proponents should they not wish to execute an alternative heritage agreement with the Regional Entity.
To learn more visit the Department of the Premier and Cabinet webpages at wa.gov.au for related documents and fact sheets. If you have any questions then please contact YamatjiNationAgreement@dpc.wa.gov.au