Commencement: The agreement took effect as a contractually binding agreement between the parties when the last party signed on 22 September 2016. Termination: The agreement continues indefinitely until terminated. The Extract contains no statement in relation to how the agreement may be treminated. Native Title provisions: Right to negotiate:The parties agree that the right to negotiate provisions of the Native Title Act 1993(Cth) do not apply to any 'future acts' covered by the agreement. Extinguishment: Schedule 8 of the agreement (High Native Title Imact Activities) notes that any activity which effects native title is temporray, undertaken for reasons of public health or safety, done persuant to a permitted lease, or required by law. Future acts provisions: The parties agree that the low native title impact activities, as outlined in Schedule 7 of the agreement, can be undertaken without conditions in relation to consent. The parties consent to the high native title impact activities, as outlined in Schedule 8 of the agreement, only where the local government: has given notice to the Native Title Party, or their representative, and have completed consultations in accordance with the procedures set out in the agreement; orif the activity involves a capital work dealt with at a Capital Works Forum, then the local government provides a list of capital works in relation to the activity and consensus is reached about the activity being carried out in accordance with the procedures set out in the agreement.Gladstone Regional Council and the Native Title Party have consented to a number of particular future acts which are subject to the following Native Title Acquisitions Agreements that meet the full and final satisfaction of any compensation and benefit of all Native Title Holders: - the agreement dated 25 March 2013 in regard to Lot 41 SP206868 (Agnes Waters water treatment plant); and
- the agreement dated 11 July 2014 in regard to Lot 8 SP273519 (Calliope kindergarten); and Lots 206-214 on CP U7251 (Ubobo residential).
Native Title in the Area This agreement is within the area of native title recognised in the Federal Court of Australia (FCA) proceeding Blackman & Ors on behalf of the Balai, Gurang, Gooreng, Taribelang Bunda People (FCA File No.: QUD6026/2001; NNT File No.: QCD2017/010). The First Nations Ballai, Gurang, Taribelang Bunda People Aboriginal Corporation holds the native title rights and interests in trust. |