Agreements, Treaties and Negotiated Settlements Project

Malgana Tamala Pastoral Lease Agreement
Date:	18 December 2020
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	The region between Tamala and Carrarang�
State/Country:	Western Australia, Australia
	The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 209 square kilometres over part of the Tamala pastoral lease, located approximately 60 kilometres south of Denham. 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 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.: WI2020/017.
Subject Matter:	Pastoral Activities
Summary Information:
The Malgana Tamala Pastoral Lease Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA), between Gabor Holdings Pty Ltd and the Malgana Aboriginal Corporation. The purpose of the ILUA is to facilitate an agreement for the Malgana People's access to approximately 209 kilometres of the Tamala Pastoral Lease area. The Native Title Representative Body for this area is Yamatji Marlpa Aboriginal Corporation.
Detailed Information:
*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 s24EB(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 ss24EB(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, WCD2018/012).