The Agreement was registered with the Register of Indigenous Land Use Agreements on 19 June 2015.
The Extract does not specify a start or end date for the Agreement.
The Extract does, however, state that the Agreement terminates when the first of the following occurs:
1. the parties agree in writing to terminate the Agreement;
2. the Agreement is not registered by 31 December 2016 (or at a later date as agreed to in writing by the parties); and
3. the last Wik Timber Holdings Pty Ltd interest is determined, surrendered, lapsed or otherwise terminated and Wik Timber Holdings Pty Ltd notifies the other parties in writing to that effect.
Native Title Provisions
To the extent that they are Future Acts, the parties provide their consent to the Project Interests and the undertaking of the Timber Project.
Where Agreed Acts are done before the Registration Date on 19 June 2015 and are consequently invalid Future Acts, the parties consent to the validation of those Acts.
Right to Negotiate
Part 2, Division 3, Subdivision P of the Native Title Act is not intended to apply to the grant or undertaking of the Project Interests or the undertaking of the Timber Project.
As defined in Schedule 3 (see attached), include:
- timber sales to obtain hardwood log timber;
- approvals necessary or desirable for or incidental to the undertaking of the Timber Project;
- undertaking of acts pursuant to any such approvals; and
- the making, amendment or repeal of legislation, regulations, by-laws, ordinances necessary or desirable for, or incidental to, the undertaking of the Timber Project.
As defined in Schedule 3 (see attached), includes:
- planning, design, development and conduct of timber felling and harvesting;
- marketing and sale of timber;
- planning, design and development and conduct of mine-site rehabilitation including seed collection, plant nurseries, bio-mass recovery, reforestation and timber plantation establishment; and
- planning, design, development and construction of infrastructure, facilities or activities necessary or desirable for or incidental to any of the above.
Native Title in the ILUA Area
The Native Title Holders are defined as the Wik & Wik Way Peoples, being the people determined by the Federal Court of Australia to be the common law holders of native title in certain lands and waters under the Wik Determinations.
Those determinations include the following Approved Determinations of Native Title made by the Federal Court of Australia on:
- 3 October 2000 (Federal Court proceeding QUD6001/98);
- 13 October 2004 (Federal Court proceeding QUD6001/98);
- 29 July 2009 (Federal Court proceeding QUD6029/01); and
- 11 October 2012 (Federal Court proceedings QUD6001/98).