Details of the Agreement:
Commencement and Termination:
The ILUA commences and is binding when signed by both parties. The Extract does not specify the commencement date nor details of how the ILUA can be terminated.
Native Title Provisions:
Right to negotiate:
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply to the grant of the tenements of approvals.
The non-extinguishment principle applies. This means that under s 24EB(3) of the NTA any activities agreed to under this ILUA that may be inconsistent with native title rights and interests will not extinguish those rights and interests, instead, they will be revived when the activities are finished.
Future act provisions:
The Barada Barda Aboriginal Corp[oration and the Barada Barna People consent to:
- the granting of the tenements within the ILUA area to Vitrinite or a related party;
- the grant of any approvals; and
- the undertaking of the mining project, including all stages from planning to rehabilitaion and any other works that Vitrinite considers reasonably necessary to the project
Native Title in the Agreement Area:
The ILUA area is within the area of the native title determination Les Budby and Cecil Brown Jnr & oR on behalf of the Barada Bara People v State of Queensland  FCA 1271.