Details of the Agreement: Agreement area: The Extract from the Register of Indigenous Land Use Agreements identifies the area, per Schedule 1, as all the land and waters within Lot 3480 on Crown Plan WAR805968. For a map of the area see the documents attached below. Commencement and Termination: The ILUA is binding from the date it was signed by all parties (this date is not specified in the Extract). It operates as an ILUA, and in relation to the agreed acts, from the date of registration. Part A of the ILUA (not included in the Extract) will commence on the date that the Gunggari people's native title is recognised to exist over the area. Part B of the ILUA will commence if the lessee, Henry Richard Thomas Whitton, chooses to have it approved and registered as an Indigenous Cultural Interest and notifies the Gunggari party of that.
The ILUA will continue until the term of the lease ends, or the ILUA is removed from the Register of Indigenous land Use Agreements.
Native Title Provisions: Right to negotiate: The right to negotiate provisions of the Native Title Act 1993 (Cth) apply.
Extinguishment: The parties agree that the non-extinguishment principle applies. Native Title in the Agreement Area: The ILUA area is within native title determination area of Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402 (FCA file no.: QUD19/2019; NNTT file no.: QCD2019/005).
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