Details of the Agreement:
The agreement commences on the date that a determination of native title in favour of the Darumbal People is made (see 'Native Title in the Area' below), and will continue unless otherwise determined by the Darumbal People, subject to the agreed terms of termination as below.
In the event a determination recognising the right to possession and occupation of the agreement area, to the exclusion of all others, is made to persons other than the Darumbal People, the agreement will terminate at the date of that determination.
The ILUA continues untill:
- the date of experiy of the lease term, or
- the date of surrender, resumption, forteiture or termination of the Lease, or
- the date of removal of the agreement from the Register of Indigenous Land Use Agreements.
Subject to the provisions of the Land Act 1994 (Cth), the agreement 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 1994 (Cth) for continuity of the ease; 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
Native Title Provisions:
The Extract notes that there are no statements in the agreement which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth). This means that the agreement does not provide consent for the doing of any acts by non-native title parties.
Native Title in the Area:
The agreement is located within the area of native title recognised by the Federal Court of Australia (FCA) in the proceeding Hatfield on behalf of the Darumbal People v State of Queensland FCA  on 21 June 2016 (see FCA File No.: QUD6131/1998; NNTT File No.: QCD2016/006).