Agreement area:
The agreement area covers about 712 sq km in Western NSW extending from the NSW/SA state border in the west to Ivanhoe in the east and from the NSW/Vic state border in the south to 75km south from the NSW/QLD border. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule A, attachment A2 of the agreement, as all the lands and waters within areas where native title has been determined to exist within the Barkandji Traditional Owners #8 consent determination area. Termination: This ILUA ceases on the 20 November 2023.
Native Title Provisions: Future act provisions The parties consent to the Crown Land Minister re-issuing the remaining terminated licences to the former licensees for a period of up to five years from the date the agreement is entered onto the Register of Indigenous Land Use Agreements. The parties also consent to the former licensee using and occupying the land from the date this agreement is registered to the date that the terminated licence is validly re-issued under the Native Title Act 1993 (Cth) or under this agreement. The former licensee cannot continue to use and occupy the land beyond five years from the date that this agreement is registered without having the licence re-issued.
The parties agree to the validation of the former licensee's use or occupation of the terminated licence land that occurred prior to the date this agreement was registered.Â
Where the procedures set out in Schedule C of the agreement are complied with, the parties consent to the doing of future acts that are covered by the Alternative Future Acts Regime (AFAR) as set out in Schedule C of the agreement. (Schedule C is not included in the NNTT extract). The AFAR provisions may not operate beyond five years after the registration date of the agreement.
Native Title in the Agreement Area: This agreement is located within the native title determination area of the Federal Court of Australia (FCA) proceeding Barkandji Traditional Owners #8 (Part A) v Attorney-General of New South Wales [2015] FCA 604. (FCA file no.: NSD6084/1998, NNTT file no.: NCD2015/001).
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