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Malgana Carey Downs Pastoral Lease Agreement

Date: 18 December 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)

West of the Carrandibby Range, Upper Gascoyne region

State/Country:Western Australia, Australia

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 151 square kilometres over part of the Carey Downs pastoral lease and located approximately 190 kilometres south east of Carnarvon. For details of the area see Annexure 3 of the ILUA, attached below under documents. The area is within the jurisdiction of the Shire of Upper Gascoyne.

Legal Reference: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18/12/2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).
Subject Matter:Access | Native Title
Summary Information:

The Malgana Carey Downs Pastoral Lease Agreement Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Damien and Leanne McKeough and the Malgana Aboriginal Corporation.

The purpose of the ILUA is to facilitate an agreement for the Malgana People's access to approximately 151 square kms of the Carey Downs Lease area.

The Native Title Representative Body for this area is the Yamatji Marlpa Aboriginal Corporation.

Detailed Information:

Background to the Agreement 

This ILUA is within the native title area of the Malgana People, that was determined by consent in Oxenham on behalf of the Malgana People v State of Western Australia [2018] FCA 1929 (Malgana Part A). Damien and Leanne McKeough were respondents to the application for that determination.

Details of the Agreement

Commencement and Termination

The ILUA is binding from the date when signed by all the parties. This date is not included in the Extract. It has effect as an ILUA, and in relation to the agreed acts, from its registration date. 

Native Title Provisions

Right to negotiate

The parties have agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) apply. 


The parties agree that the non-extinguishment principle applies - this means that under s 24EB(3) of the NTA, any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished. 

Future act provisions

The Extract notes that there are no statements within the ILUA of the kind which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the NTA, and so the consequences set out under these sections are not triggered. This means that the ILUA does not: provide consent for the doing of any acts by non-native title parties; affect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor validate any previous future acts. 

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Oxenham on behalf of the Malgana People v State of Western Australia [2018] FCA 1929. (FCA file no.: WAD6236/1998, NNTT file no.: WCD2018/012). 

Related Entries

  • Oxenham on behalf of the Malgana People v State of Western Australia [2018] FCA 1929.
  • Organisation
  • Yamatji Marlpa Aboriginal Corporation
  • Malgana Aboriginal Corporation RNTBC - Signatory
  • Malgana Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Malgana People
  • Damien and Leanne McKeough

  • Documents

    Extract from the National Native Title Register for WI2020/016 as at 08/02/2021. - ( PDF | PDF | PDF)

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