Background to the Agreement 

This ILUA is within the native title area of the Malgana People, that was determined by consent in Oxenham on behalf of the Malgana People v State of Western Australia [2018] FCA 1929 (Malgana Part A). Clausen Pty Ltd 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 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 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 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, NNTT file no.: WCD2018/012).