Details of the Agreement
The agreement was entered between the parties so as to give consent on relevant acts and agree not to challenge the validity of the relevant acts at any time.
As per the agreement, relevant acts refer to the following: - the grant of a lease or licence of Aboriginal land by JYLT in the agreement area;
- the creation of an easement over Aboriginal land by JYLT in the agreement area;
- an associated activity on Aboriginal land authorised by JYLT in the agreement area; and
- an associated activity in the agreement area for which JYAC has given its written approval.
Associated activity as per the agreement refers to: - an activity on a lease, licence or easement granted by JYLT associated with the
construction or operation of infrastructure with the purpose for which the lease, licence or easement is granted including survey activities and geotechnical investigation;
- the grant of any licence, permit or authority reasonably necessary;
- the surrender or transfer of a lease, licence or easement;
- the mortgage of a lease;
- an activity reasonably necessary for the use and enjoyment of a lease, licence or easement granted by JYLT in accordance with its terms on the area of the lease, licence or easement or land adjoining the lease, licence or easement within the agreement area.
Commencement
The agreement commences on the date it is executed by all the parties involved.
Native title provisions
Future Act:
The parties consent to all relevant acts also including future acts.
Right to Negotiate:
The right to negotiate does not apply to the relevant acts.
Non-Extinguishment:
The principle of non-extinguishment applies to the relevant acts.
Native Title in the ILUA Area
The Eastern Kuku Yalanji people's native title determination (QC94/13) was recognised on 9 December 2007. Under the determination, Jabalbina Yalanji Aboriginal Corporation holds native title on behalf of the Eastern Kuku Yalanji people over 126,900 hectares of land between Mossman and Cooktown in Far North Queensland. |