| The Terra Firma Quarries Indigenous Land Use Agreement (the ILUA) allows for the grant of two Work Authorities to Terra Firma Quarries Pty Ltd by the State of Victoria. The Work Authorities are a requirement for carrying out Extractive Industries in Victoria.
The ILUA provides the consent of the parties to the grant of two Work Authorities. Subject to compliance with the ILUA, the parties agree to certain ‘future acts’, namely the granting of Work Authorities 543 and 1127 and the use of those Authorities to extract stone. The State of Victoria can grant ‘consents’ for this work, which can include authorisations, leases, licences, permits, approvals, certificates, directions or notices. Any further ‘future acts’ in respect to the Work Authorities are also valid. Without this agreement, these grants would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. However, the parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
The consent of the Native Title Signatories is conditional upon adherence to Cultural Heritage Management Procedures, outlined in Schedule A of the ILUA.
The ILUA commences on the 7 December 2004, except for the ‘benefits’, which commence when the Work Authority is granted. The ILUA continues to operate for the duration of the Work Authority, unless the Agreement is terminated by agreement in writing. |
