This ILUA was registered with the Register of Indigenous Land Use Agreements on 27 February 2015.
The Extract specifies the start date as 20 June 2014. No end date is specified for the Agreement.
The Extract does, however, provide that all Clauses of the Agreement commence on "the date of making
this Deed unless otherwise stated."
If the Agreement fails to be registered with the Register of Indigenous Land Use Agreements within a period of twenty-four (24) calendar months from the date of executing the Agreement (or such further period as the State Minister and the applicants agree to in writing), the Agreement shall expire and cease to have any effect.
The Agreement shall continue in operation until one of the following events occur:
(a) the Agreement expires in accordance with subclause 4.2;
(b) the Agreement is terminated in accordance with clause 18 or clause 20;
(c) the Agreement is terminated by the agreement in writing of all the Parties.
Native Title Provisions
Class 2 Post Registration Acts
Elsie Stockwell and Mervyn Trindall on their behalf and on behalf of the Gundungurra People, the Gundungurra Corporation and the Gundungurra Association consent to the undertaking by the State or BMCC of Class 2 Post Registration Acts.
Those acts undertaken in the Agreement Area that are classified as Post Registrations Acts include:
(a) the compulsory acquisition of all interests including native title rights and interests where the Right to Negotiate does not apply;
(b) the grant of a lease or licence other than a lease or licence to which subdivisions G, H, and I of the Native Title Act applies;
(c) construction or establishment of Public Works;
(d) preparation, adoption and implementation of a plan of management for any part of the Agreement Area.
The parties' consent includes agreement that Subdivision P (the right to negotiate) Division 3 Part 2 of the Native Title Act is not intended to apply to any Class 2 Post Registration Act.
Class 3 Post Registration Acts
The following classes of Post Registration Acts undertaken, or any interest (including a lease, licence, permit or authority) granted to undertake any of the following classes of Post Registration Acts in the Agreement Area) comprise Class 3
Post Registration Acts:
(a) an act done in good faith in the Agreement Area so long as the act 's impact on native title is no greater than the impact that any act that could have been done under or in accordance with
the previous reservation of the Agreement Area would have had, or an act done under or in accordance with the current reservation;
(b) grant of an easement or right of way;
(c) construction, maintenance and repair of signage and plaques;
(d) fire suppression and fire prevention management activities, including hazard reduction burning and temporary closure within the Agreement Area for fire suppression or fire prevention
(e) environmental assessment or protection activities including research, survey and monitoring of species, clearing or spraying of noxious or introduced species, regeneration, rehabilitation, actions in relation to a biosecurity incident and acts carried out in accordance with plans with objectives including any of these acts;
(f) excavation or clearing necessary for public health and safety;
(g) construction of a track or other access;
(h) maintenance of existing roads, tracks, boardwalks, platforms, bridges and fire trails including gravel extraction, grading, sediment control, gravelling, tree lopping and clearing;
(i) construction, maintenance and repair of fences and gates;
(j) maintenance, operation and repair of Public Works;
(k) maintenance, cleaning, operation and repair of existing Public Works;
(I) replacement of existing Public Works with similar or upgraded works within the same area of the existing Public Works or with a minor realignment;
(m) removal of existing Public Works;
(n) any urgent management activities that are required or desirable for public health and safety;
(o) renewal or re-grant of existing interests which confer rights or interests substantially the same as rights or interests which have previously affected the area covered by the renewal or
(p) re-establishment of timber plantations as Forestry Corporation of New South Wales is authorised to do under the Plantations and Reafforestation Act 1999 (NSW);
(q) any accepted normal management practices in plantation and native forests management,
including land preparation such as post harvest burning, planting, weed control, road
construction, road maintenance, thinning, harvesting, transport and sale of logs;
(r) any other act described in section 24KA of the Native Title Act;
(s) any other act that is similar to any one or more of the acts in the above paragraphs or any
other act relating to the care, control and management of the Agreement Area;
(t) the exercise by the SCA of its statutory functions as set out in the Sydney Water Catchment Management Act 1998; and
(u) the exercise by BMCC of its statutory functions under the Local Government Act 1993 and the Crown Lands Act 1989 so far as they relate to its role as reserve trust manager.
The Parties agree to the undertaking of Class 3 Post Registration Acts and the Applicants, the Gundungurra Corporation and the Gundungurra Association agree they shall have no procedural rights in relation to the undertaking of the Class 3 Post Registration Acts.
The Parties agree that the Non Extinguishment Principle applies to Class 3 Post Registration Acts.
The Parties agree that any Public Works constructed or established within the Agreement Area and prior to the date this Deed is Registered, are valid to the extent of any invalidity that may exist by reason of the existence of native title.
Native Title in the ILUA Area