Malgana Medo Station Lease Indigenous Land Use Agreement

Gascoyne Region

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).

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.

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.

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