Details of the Agreement: Commencement and Termination The ILUA commences on 6 March 2020. The parties can terminate it at any time by their written agreement.
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 agreed future acts. Extinguishment: The parties agree that the non-extinguishment principle applies. This means that under the Native Title Act 1993 (Cth) any of the activities agreed to under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests, instead they are revived when the activities are finished.
Future act provisions: The parties consent to all activities being done that are necessary for the construction, operation, and maintenance of a rail connection and all other works that may be related to the operation of the Isis Sugar Mill Company (ICSM) in the ILUA area. This includes the granting and implementation of all authorisations necessary or incidental to the operation of the rail connection and the Isis Sugar Mill.
Native Title in the Agreement Area: The ILUA area is within the area of native title recognised in the Federal Court determination Blackman on behalf of the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People v State of Queensland (No. 3) [2017] FCA 1637 (FCA file no.: QUD6026; NNTT file no.: QCD2017/010). |