Dambimangari Marine Parks Indigenous Land Use Agreement

Tuesday, 6 June 2017
Richard Bradshaw

In October 2016, the Dambimangari Native Title Holders entered into a body corporate ILUA with the State of Western Australia covering offshore and intertidal areas of nearly 11,700sqkms. By the ILUA, consent was given to the creation of three adjoining marine parks, and to their joint management by a Board comprising traditional owner and Department of Parks and Wildlife (DPaW) representatives. I acted as the lawyer for the Native Title Holders over the 4 year negotiation period. 

My presentation will focus on: 

  • benefits from joint management over non-exclusive native title offshore and intertidal areas;
  • downside factors, including loss of statutory rights where there are intertidal areas to be excised from ALT land;
  • protection of native title rights and their interrelationship with statutory “customary rights ”;
  • effect on mining interests and commercial opportunities. 

Included will be a brief consideration as to the relevance to this ILUA (and its negotiation) of certain Commonwealth and State statutory provisions, e.g. relating to:

  • native title compensation;
  • offshore and onshore mining and exploration;
  • carbon credits.

As of late March 2017, the ILUA has been registered, and steps to implement it by the new State Government are awaited.