Details of the Agreement
Commencement and Termination
The ILUA is binding from 25 November 2021. It has effect as an ILUA, and in relation to the agreed future acts from its registration on 4 May 2021.
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 acts agreed to 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 that acts done between 25 November 2020 and 4 May 2021 are valid for the purposes of the Native Title Act 1993 (Cth).
The parties also agree to the doing of the project, the grant and implementation of the project rights and other acts necessary or incidental to give effect to the project.
The project means all activities, works and operations which may be undertaken for military training initiatives, including the following:
- The construction and operation of live fire
- Simulated and manoeuvre training facilities
- Weapons ranges
- Camp accommodation
- Telecommunication equipment
- Landing and embarkation grounds
- Other training facilities
The project does not include:
- Convention Regulated Activities
- any Carbon Offset Program that is not an Environment Offset
- New Weapons Testing
See the Extract for a more detailed description of these activities and rights.
Native Title in the Agreement Area
The ILUA area is partly within the area of the native title determination Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 3)  FCA 231. (FCA file no.: QUD80/2005, NNTT file no.: QCD2014/006)