Details of the Agreement
Commencement and Termination
The ILUA commences when signed by both parties. This date is unspecified in the Extract. It has effect as an ILUA and in relation to the agreed future acts from the date of registration.
The ILUA may terminate:
- automatically by the mutual written agreement of the parties;
- in accordance with general law; or
- on the date that Theia Energy Pty Ltd no longer holds any Project Tenure and has rehabilitated all disturbed areas in accordance with the ILUA and the general law.
Native Title Provisions
Right to negotiate
The parties agree that, while the ILUA is registered, the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed future acts.
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 the ILUA which may be inconsistent with native title rights and interests will not extinguish these rights and interests, instead they are revived when the activities are finished.
Future act provisions
The parties consent to:
- the granting, re-newal or re-making of the Project Tenure to Theia Energy Pty Ltd, its subsidiaries and assignees. Project Tenure includes all petroleum exploration permits, special prospecting authorities, access authorities, drilling reservations, petroleum retention leases and petroleum production licences as defined by the Petroleum and Geothermal Energy Resources Act 1967 (WA); and
- applications being made for the above tenures.
Native Title in the Agreement Area
The ILUA area is within the area of the native title determination John Dudu Nangkiriny and Others on behalf of the Karajarri People v Western Australia  FCA 660 (Karajarri People (Area A)) (FCA file no.: WAD6100/1998; NNTT file no.: WCD2002/001).