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Malgana Medo Station Lease Indigenous Land Use Agreement

Category: Agreement
Date: 21 June 2021
Date To: 3 September 2062
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

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 931 sq km of Meedo Station, south of the Wooramel river, approximately 120 kms southeast of Carnarvon. For details of the area see Annexure 2 of the ILUA, attached below under documents. The area is within the jurisdiction of the Shire of Carnarvon.
Legal Status:

Registered on the Register of Indigenous Land Use Agreements on 21/06/2021. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

Legal Reference: NNTT file no.: WI2021/008
Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2021/008
Summary Information:

The Malgana Meedo Station Lease Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA), between Daleath Pty Ltd and the Malgana Aboriginal Corporation RNTBC.

The purpose of the ILUA is to provide the Malgana People access to parts of the Meedo Pastoral Lease area. 

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

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA is binding as a contract from the date when signed by both parties (unspecified in the Extract). It has effect as an ILUA and in relation to the agreed future acts from its registration date on 21 June 2021.

The ILUA will terminate either at the end of the Meedo Pastoral Lease (including its extension, renewal, or replacement) or by written mutual agreement.

If parts of the Meedo Pastoral Lease are surrendered, or purchased by the Malgana People, then the ILUA will stop applying to that area.

Native Title Provisions

Right to Negotiate

The parties agree that the right to negotiate provisions of the NTA apply. 

Extinguishment

The parties agree that the non-extinguishment principle applies.

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, nor does it 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.


Related Entries

Organisation
  • National Native Title Tribunal
  • Malgana Aboriginal Corporation RNTBC - Signatory
  • Daleath Pty Ltd - Signatory
  • Shire of Carnarvon
  • Yamatji Marlpa Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Malgana People

  • Documents

    Document
    Malgana Meedo Station Lease agreement (Extract from the NNTT Register of Indigenous Land Use Agreements for WI2021/008 as at 29/11/2022). - ( PDF | PDF | PDF)

    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) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia)

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