Details of the Agreement:
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 it's registration date.
The Wadja Wadja Aboriginal Corporation may, at its absolute discretion, terminate this ILUA if:
- the Gaangalu Nation People doe not gain recognition of their native title over the ILUA area in a determination of the Federal Court; or
- another Aboriginal group obtains a successful determination of native title over 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 any Future Acts for which the Native Title Party has given consent under this ILUA.
The parties agree that the non-extinguishment principle applies. This means 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 these rights and interests, instead they are revived when the activities are finished.
Future act provisions:
The parties agree to the doing of certain acts, including;
- the Woorabinda Aboriginal Shire Council granting an Aboriginal Trustee Lease over the ILUA area to the Woorabinda Aboriginal Corporation, for a period of 99 years, for the purpose of a school; and
- the construction of the school and associated buildings and improvements including access road, Principal's residence, caretaker residence, stables, vocational training facilities, paddocks, and horticultural areas generally in accordance with the concept plans.
Native Title in the Agreement Area:
The ILUA area is within the area of the Gaangalu Nation People's application for a determination of native title (NNTT file no.: QC2012/009; Federal Court file no.: QUD33/2019).