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Malgana Woodleigh Carbla Pastoral Lease Agreement

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

South east of Carnarvon.

State/Country:Western Australia., Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 3,273 square kilometres over Woodleigh and Carbla pastoral leases and located approximately 145 kilometres south east of Carnarvon. For details of the area see Annexures 2 and 3 of the ILUA, attached below under documents. The area is within the jurisdiction of the Shire of Shark Bay.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: WI2020/2018.
Subject Matter:Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2020/018
Summary Information:

The Malgana Woodleigh Carbla Pastoral Lease, Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA), between the Malgana Aboriginal Corporation and Richard Edmund Fenny.

The purpose of the ILUA is to facilitate the Malgana People's access to approximately 3,273 kilometres of the Woodleigh and Carbla Pastoral Lease area. 

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

Detailed Information:

Background to the Agreement 

This ILUA is within the native title area of the Malgana People, determined by consent in Oxenham on behalf of the Malgana People v State of Western Australia [2018] FCA 1929 (Malgana Part A). Richard Edmund Fenny was a respondent 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. 

Extinguishment

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 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 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

Organisation
  • National Native Title Tribunal
  • Yamatji Marlpa Aboriginal Corporation
  • Malgana Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Richard Edmund Fenny - Signatory

  • Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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