Yilka
Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links
Claim
The Yilka native title claim was filed in the Federal Court on 15 December 2008. The application was accepted for registration on 6 August 2009 and is currently in the notification stage.
| Federal Court of Australia Summary | |
|---|---|
| Title: | Harvey Murray on behalf of the Yilka Native Title Claimants V The State of Western Australia |
| Applicant Names: | Harvey Murray |
| Application type: | Claimant Application |
| Date filed: | 15 December 2008 |
| FCA No: | WAD 297 of 2008 |
| National Native Title Tribunal Summary | |
|---|---|
| NNTT No: | WC08/5 |
| Register of NT claims: | Registered |
| NNTT Status: | Active |
| Area Description/Location: | Shire of Laverton, Western Australia |
| Claim area size (approximate): | 12, 260 km2 |
| Notification Status: | In Notification |
| Notification closing date: | 8 December 2009 |
| In mediation: | No |
| Date Finalised: | |
Determination
There has been no determination of native title.
Prescribed Body Corporate
There is no Prescribed Body Corporate.
Land Access & Future Acts
The Yilka native title claim is registered with the National Native Title Tribunal. As a registered claim, any access to the area is regulated by the future acts process according to the Native Title Act.
The Yilka native title claim area is also the subject of Use and Benefit Aboriginal Reserves 25051, 22032, 25050 and 20396 (Aboriginal Reserves). Access to Aboriginal Reserves is gained through an entry permit under the Aboriginal Affairs Planning Authority Act. An entry permit under the Aboriginal Affairs Planning Authority Act will not be granted without the consent of the Yilka claimants.
For more information, please see the page detailing Aboriginal Reserves within the Central Desert Region for the types of entry permits required on Aboriginal Reserves.
Access onto Yilka native title claim area and Aboriginal Reserves for mining or petroleum tenure purposes
Applicants or holders of mineral or petroleum titles are required to seek consent from the Yilka claimants to gain access onto the Yilka native title claim area.
A Mining Entry Permit and Consent to Mine will also be required under the Aboriginal Affairs Planning Authority Act and the Mining Act or Petroleum and Geothermal Energy Resources Act in relation to accessing the Aboriginal Reserves for the purpose of mineral or petroleum activities.
Exploration and prospecting mineral and petroleum titles
The Yilka claimants have developed a standard Mineral Exploration and Land Access Deed of Agreement and a standard Petroleum Exploration and Land Access Deed of Agreement with the purpose of protecting cultural heritage sites and areas of cultural significance during the conduct of exploration or prospecting activities. The Deeds of Agreement deal with access to the Yilka native title claim area and Aboriginal Reserves.
Explorers are encouraged to accept the Deeds of Agreement in their standard form to expedite the granting of the title. However, it can also form the basis of negotiations between explorers and the Yilka claimants.
Negotiations in relation to the Deeds of Agreement are conducted by Central Desert under instructions from the Ylka claimants. Explorers will be invited to meet with the Yilka claimants and negotiate any outstanding issues directly, including the negotiation of compensation under the Deed of Agreement.
Other mineral and petroleum titles
Instructions will be required from the Yilka claimants in relation to agreements for access for all other mineral and petroleum title applications on a case-by-case basis.
Access onto Yilka native title claim area and Aboriginal Reserves for non-mining and petroleum tenure purposes
Applicants or holders of all non-mining tenure will require the consent of the Yilka claimants to gain access to the Yilka native title claim area and Aboriginal Reserves.
Access onto Yilka native title claim area and Aboriginal Reserves for other purposes
Transit Permits are required to traverse all areas within the Aboriginal Reserves, including the Great Central Road.
Please contact our Assistant Future Acts Officer should you wish to access the Yilka claim area, have any queries in relation to Land Access on the Yilka claim area or wish to obtain a copy of the relevant Deed of Agreement.
Links
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