Details of the Agreement: Commencement and Termination: The ILUA is binding from the date signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration on 10 December 2019. The ILUA will be terminated on the occurrence of any of the following events: - the lease term expires; or
- the lease is surrendered, re-assumed, forfeited or terminated; or
- the ILUA is removed from the Register of Indigenous Land Use Agreements; or
- where there is valid extinguishment of native title over the whole of the ILUA area.
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.
Extinguishment: The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those native title rights and interests.
Future act provisions: The parties agree to the maintenance of the lease over Lot 1018 on CP PH1213 under the Land Act 1994 (Qld), including any renewal or extension of that lease or any new lease that replaces that lease.
Native Title in the Agreement Area: The ILUA area is within the area of the native title determination 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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