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. |