The agreement area covers about 338 sq km, approx. 80 km west of Paraburdoo. Details regarding the area are contained in schedule 1 of the agreement, attached below in documents.
The agreement is binding from the date that the last party signed the agreement, except for clauses 3 and 4 regarding future acts and benefits which commence on the commencement date. The commencement date is the date the agreement is registered and entered on the Register of Indigenous Land Use Agreements: 28 May 2018.
The agreement will be terminated upon whichever event occurs first:
- where non-registration occurs (clause 8.6)
- where all parties agree to terminate
- where the agreement is removed from the Register (s 199C Native Title Act 1993 (Cth))
Native Title Provisions
right to negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
future act provisions
The Extract notes there are statements within the agreement of the kind which are mentioned in s 24EB(1) of the Native Title Act 1993 (Cth). This means each party consents to non-native title parties performing the agreed land transactions, subject to the terms of the agreement. Specifically, the parties agree to:
- the agreement area being leased to Stamco Beef Pty Ltd;
- the area being amalgamated into the pastoral lease land, under s 87 of the Land Administration Act 1997 (WA); and
- the area being used in accordance with the terms of the pastoral lease.
Native Title in the Agreement Area
This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Smirke on behalf of the Jurruru People v State of Western Australia  FCA 939 (FCA File No.: WAD6007/2000, NNT File No.: WCD2015/002).