Yamatji Nation Indigenous Land Use Agreement

Background

On 31 August 2017, the Minister for Aboriginal Affairs made an offer to enter a negotiated alternative settlement of four native title claims over 48,000 square kilometres of land and waters in the Geraldton region: Southern Yamatji, Hutt River, Widi Mob and Mullewa Wadjari. 

The offer was accepted by the native title claim groups on 20 October 2017. The State's offer was a result of a significant development in the claim process with all four groups successfully resolving overlaps in the region and agreeing to enter negotiations with the State. 

As part of the negotiations, the Traditional Owner Negotiation Team (TONT) was established by the native title claimants to represent the four claim groups in the negotiations. Negotiations began in March 2018.

In June 2019 the Yamatji Nation claim, encompassing all four underlying claims, was filed in the Federal Court. The parties reached in principle agreement on 30 July 2019.

The Yamatji Nation Indigenous Land Use Agreement (Agreement) was authorised by all claim groups in December 2019 and executed on 9 February 2020 when the Federal Court also determined that the Yamatji Nation holds non-exclusive native title rights and interests over select parcels of land within the Agreement area.

The Agreement was registered by the National Native Title Tribunal on 30 July 2020 and placed on the Register of Indigenous Land Use Agreements. Benefits flow over 15 years from Conclusive Registration finalised on 26 October 2020.

See the National Native Title Tribunal website for the registration details.

See Yamatji Nation Indigenous Land Use Agreement documents and fact sheets for details about the Agreement. 

The Agreement supports Aboriginal empowerment and recognition and includes a diverse range of benefits that have a strong focus on economic development. This focus supports the TONT’s vision to negotiate a settlement that would build a sustainable economic foundation for Yamatji Nation members, ensuring their active participation in the regional economy, today and into the future.

Recognition of non-exclusive native title rights and interests in discrete, culturally significant parcels of land (0.57% of the total Agreement area).

The recognition of non-exclusive native title rights includes the right to live and camp on the land, visit and maintain sites of significance, hunt, fish, take resources, conduct ceremonies and invite others onto this land.

The Future Act regime under the Native Title Act does not apply in these areas.

All existing agreements remain in force. From the date of conclusive registration, the Department of Energy, Mines, Industry Regulation and Safety 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. Yamatji Nation Indigenous Land Use Agreement documents

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), with Yamatji Southern Regional Corporation (Regional Entity) as defined in the YNILUA. 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 as part of 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 page for related documents and fact sheets.

If you have any questions, then please Email: YamatjiNationAgreement@dpc.wa.gov.au