Details of the Agreement:
The Agreement commences on the execution date and binds the parties, their successors and permitted assignees.
The Agreement will terminate at the time one of the following events occurs:
- non-registration of the Agreement, per clause 7.6 of the Agreement;
- all parties have agreed in writing to end the Agreement; and
- the Native Title Registrar removes the Agreement from the Register of the Indigenous Land Use Agreements in accordance with s 199C of the Native Title Act 1993(Cth).
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 inrealtuon to the Land Transactions (the future acts listed below).
The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities authorised by this Agreement which may be inconsistent with native title rights and interests do not extinguish those native title rights and iunterests, instead they are revived when the actrivities are finished.
Future Act Provisions:
The Extract notes that there are statements within the Agreement of the kind which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under those sections are triggered by this agreement. This means that the Agreement provides consent for the doing of certain acts by non-native title parties. Specifically, this ILUA provides consent for the doing of the following future acts (the Land Transactiuons):
- the grant of the Lease (meaning the Minister of Land's propsosed grant of a lease of Crown land, under the Land Transaction Act 1997 (WA), over the whole of Lot 567 on Deposited Plan 77466 to the Wanparta Aboriginal Corporation RNTBC;
- the exercise from time to time of all rights granted or created by the Lease, including the grant by the Wanparta Aboriginal Corporation RNTBC of any sublease and any other rights or interests permitted under the Lease; and
- the carrying out of any activity permitted by the grants referred to above.