Commencement and Termination
The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA and in relation to the agreed acts from its registration on 4 October 2019. The parties agree that the ILUA will terminate when the first of the following events occurs:
- the parties agree in writing to termination; or
- the last of the Project interests have been determined, surrendered, lapsed, or terminated and the Grafton Ngerrie Local Aboriginal Land Council has provided written notice of this to the other parties.
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 the acts agreed to under this ILUA.
The parties agree that the non-extinguishment principle applies, meaning that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.
Future act provisions
The parties agree to the granting of the project interests and to the undertaking of the project activities, including the following:
- the development and conduct of an operation to extract quarry materials, mineral resources, sand, mineral sands, and rare earth minerals;
- the development and conduct of a training enterprise in conjunction with Grafton TAFE or another training provider to train Aboriginal people in the use of road construction machinery and other related heavy machinery;
- the development and conduct of a site rehabilitation operation;
- the development and operation of any infrastructure facilities or activities incidental to these projects; and
- the provision of any rights and interests that Grafton Ngerrie Local Aboriginal Land Council considers necessary or incidental to the undertaking of these projects in the ILUA area, including lease or license, and approvals associated with infrastructure or environmental planning.
For more information see schedule 3 attached below.
Native Title in the Agreement Area
The ILUA area is within the area of the native title determination Western Bundjalung People v Attorney General of New South Wales  FCA 970. (FCA file no: NSD2300/2011, NNTT file no.: NCD2017/001).