Commencement The ILUA commences, and is binding, when signed by both parties. The commencement date is not specifieed in the Extract. It will comence as an ILUA, and in relation to the agreed future acts upon its registraion, 25 July 2017. Termination The ILUA will terminate automatically if the pastoral lease comes to an end without any renewal, or if terminated accoring to clause 8 of the ILUA. The details of clause 8 are not included in the Extract. It may also be terminated by the written mutual agreement of the parties. Review At the request of either of the parties, the ILUA will be subject to review by Mount House Station, the Banuba Dawangarri Aboriginal Corporation and the Banuba People every two years.
Native Title Provisions: Future act provisions The Extract notes that there are no statements within the ILUA of the kind mentioned in ss 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. This means that the ILUA does not: provide consent for the doing of any acts by non-native title parties; affect 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 area is within the native title determination Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481 (FCA file no.: WAD94/2012, NNTT file no.: WCD2015/009). |