Clauses 1 (Definitions), 2 (Interpretation), 3 (Commencement and Expiry), 4 (Authority) and 16 (Registration of Agreement) commenced on the ILUA's execution date, 27 June 2016.
The remaining clauses of the ILUA commenced upon registration, 2 December 2016.
The ILUA continues in perpetuity but may be terminated by:
- the written agreement of the parties; or
- if the parties disagree about providing written termination, then by having resolved the disagreement in accordance with clause 20 of the ILUA.
Native Title Provisions:
The Extract from the Register of Indigenous Land Use Agreements notes that the Agreement contains statements of the kind 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 triggered by this agreement.
The parties consent to the surrender and extinguishment of any native title in the agreement area to the State being valid upon the registration of the agreement.
The ILUA provided for the surrender of native title in exchange for benefits that included land exchange and revenue sharing (Hill on behalf of the Yirendali People Core Country Claim v State of Queensland  FCA 273, )
Right to negotiate:
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
Future act provisions:
The parties consent to the validation of any future acts done by the State prior to the execution date to the extent that they were done invalidly.
Native Title in the ILUA Area:
Native title does not exist.
In conjunction with this ILUA, the relevant parties formed an agreement per s 87 of the NTA to the effect that native title does not exist in the Yirendali People Core Country Claim area (see Hill on behalf of the Yirendali People Core Country Claim v State of Queensland  FCA 273, -).