Details of the Agreement
Commencement and Termination
The ILUA commences on the registration date, 7 May 2019, and will continue until it is removed from the Register of Indigenous Land Use Agreements in accordance with s 199C of the Native Title Act 1993 (Cth) (NTA).
The ILUA may be terminated by the written agreement of the parties. The parties must then jointly apply to have the ILUA removed from the Register for the termination to be effective.
Native Title Provisions
Right to negotiate:
The parties agree that the right to negotiate provisions of the NTA to not apply to the agreed future acts.
The non-extinguishment principle applies. This means that, under s 24EB(3) of the NTA, any of the activities authorised under this agreement that may be inconsistent with native title rights and interests will not extinguish them. Instead, they will be revived after the activities are finished.
Future act provisions
The parties consent, within the area marked A on the map, to the following activities:
- the registration of precious stones tenements under s 20 of the Opal Mining Act 1995 (SA);
- the renewal of precious stones tenements under s 22 of the Opal Mining Act 1995 (SA); and
- opal mining operations being carried out under precious stones prospecting permit or in relation to a precious stones tenement.
Native Title in the Agreement Area
The ILUA area is within the area of the native title determination Starkey on behalf of the Kokatha People v South Australia  FCA 924 (Kokatha People Part A) (NNTT file no.: SCD2014/004; FCA file no.: SAD90/2009).