The area subject to this ILUA is the part of the Lease area held by Andrew Douglas Simmons and Tracey Robin Simmons, under the Land Act 1994 (Qld) (Land Act'), which falls within the native title determination application QUD6162/1998 Iman People #2 (QC 1997/055) as accepted for registration on 18/9/2014.
The ILUA provides consent to pastoral activities.
The ILUA commenced on the date of the native title determination, 23 June 2016, and continues until:
- the date of expiry of the Lease term; or
- the date of surrender, resumption, forfeiture or termination of the Lease; or
- the date of removal of the Agreement from the Register of Indigenous Land Use Agreements.
In the event of a determination recognising the Iman People #2's exclusive native title rights and interests, the ILUA continues unless otherwise determined by the Iman People #2.
If an exclusive determination of native title rights and interests is made in relation to persons other than the Iman People #2 then the ILUA ends at the date of the determination.
Subject to the provisions of the Land Act, the ILUA will not terminate if:
- the Lease has expired but application has been made for renewal or other action has been taken under the provisions of the Land Act for continuity of the Lease; or
- land dealings on the Lease in the form of subdivisions, amalgamations, additional areas or conversion to a perpetual tenure result in a new lease being issued; or
- the Lease or part of the Lease is converted to protected area tenure under the Nature Conservation Act 1992 (Qld).
Native Title Provisions:
The Extract notes that there are no statements within the ILUA of the kind which are mentioned in subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement. This means that the ILUA does not provide consent for the doing of any acts by non-native title parties; effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor-validate any previous future acts.
Native Title in the ILUA Area
The ILUA is within the native title area recognised by the Federal Court on 23 June 2016 in the consent determination Doyle on behalf of the Iman People #2 v State of Queensland  FCA 743 (see Federal Court Number: QUD6162/1998; NNTT Number: QCD2016/005).