Background to the Agreement� A large area of native title rights and interests held by the Mirning People were recognised in�K.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 4) [2017] FCA 1225 (24 October 2017). However, nine parcels of land were excluded for later negotiation.� Then, in�KD (deceased) on behalf of the Mirning People v State of Western Australia [2021] FCA 10 (WA Mirning People Part B) the parties agreed that the Mirning People would surrender their native title over�these nine parcels of land as part of an ILUA in exchange for a cash and land package. The Court held that�this determination would only come into effect when and if the ILUA was conclusively registered. The Mirning People Part B ILUA is that agreement and having been conclusively registered, means that�WA Mirning People Part B has come into effect. Details of the Agreement Commencement and Termination The agreement commenced on 14 December and termination is not specified.� 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 to any of the agreed acts.� Extinguishment The Mirning People agree to surrender and thereby extinguish, all native title rights and interests in the agreement area. This extinguishment occurred upon registration of this ILUA. The other parties agree to the native title being extinguished under�the terms of the ILUA. Future act provisions The parties agree that the State of Western Australia will grant nine reserves and estates in fee simple:� - Certificate of title 2220/326 comprising Lot 191 on Deposited Plan 216081;
- Certificate of title LR3138/787, being Reserve 48741, comprising Lot 196 on Deposited Plan 216081;
- Certificate of title 2220/328, comprising Lot 197 on Deposited Plan 216081;
- Certificate of title 2188/429, comprising Lot 199 on Deposited Plan 216081;
- Certificate of title 2635/517, comprising Lot 200 on Deposited Plan 216081;
- Certificate of title 2220/329, comprising Lot 202 on Deposited Plan 216081;
- Certificate of title 2540/865, comprising Lot 204 on Deposited Plan 216081;
- Certificate of title 2600/96, comprising Lot 209 on Deposited Plan 216081; and
- Certificate of title LR3123/652, being Reserve 45847, comprising Lot 36 on Deposited Plan 219379.
Native Title in the Agreement Area The ILUA area is within the area of the native title determination�KD (deceased) on behalf of the Mirning People v State of Western Australia�[2021] FCA 10. In this determination, and under the terms of this ILUA, the parties agree that no native title exists in this area.� |