Details of the Agreement: The agreement area covers about 15.7 hectares and is located over various lots in the Town of Moranbah. See attached schedule 1 for more detail or a depiction of the agreement area.
Commencement: The ILUA commenced on 18 May 2016.
Native Title Provisions:
The ILUA references ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), meaning that the parties consent to the doing of certain agreed acts by non-native title parties. The agreed acts include all acts necessary to allow for the surrender of land and the compulsory acquisition of native title rights and interests over the remaining agreement area. The parties also agree to validate any acts done prior to the registration of the ILUA.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
The parties agree that in relation to the surrender areas the non-extinguishment principle does not apply. This means that under s 24EB(3) of the Native Title Act 1993 (Cth), the surrender of land agreed to by the parties permanently extinguishes the native title rights and interests in that area.
Native Title in the ILUA Area: This ILUA is part of the native title determination area of Budby on behalf of the Barada Barna People v State of Queensland (No 7)  FCA 1271. (Federal Court of Australia File No.: QUD380/2008 and QUD492/2013, NNTT File No.: QCD2016/009).