Details of the Agreement
The ILUA is binding from 4 December 2020. It has effect as an ILUA, and in relation to the agreed future acts, from 4 May 2021.
The ILUAis binding from the date when signed by all the parties. It has effect as an ILUA, andin relation to the agreed future acts, from its registration date.”
Native Title Provisions
Right to negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) (the NTA) do not apply to any of the agreed acts or to any surrender of native title.
Apart from the allowance for extinguishment of native title in the Surrender Area, to the extent that it is a Future Act under the NTA, the Non-Extinguishment Principle applies to any grant or agreed act or the undertaking of any aspect of the agreement. This means that under s 24EB(3) of the NTA any such activity which may be inconsistent with native title rights and interests does not extinguish these interests, instead, they are revived when the activities are finished.
Future act provisions
The agreement provides consent for the purpose of section 24EB(1) of the NTA for agreed future acts for the doing of the project, the grant and implementation of the project rights and other acts necessary, ancillary, usual or incidental or expedient to give effect to the project and the grant and implementation of the project rights.
The project includes all activities, works and operations which may be undertaken for military training initiatives including:
- construction and operation of live fire;
- stimulated training facilities;
- weapons ranges;
- camp accommodation;
- telecommunication equipment;
- landing and embarkation grounds; and
- other training facilities.
These activities do not extend to Convention Regulated Activities as set out in part 9.1 of the extract, any Carbon Offset Program that is not an Environment Offset or New Weapons Testing.
The parties also consent to Project Rights which means all approvals, authorisations, authorities, certificates, consents, declarations, directions, easements, leases, licenses, notices, permits, renewals, rights, tenures or titles from any government agency and any approvals made for the carrying out of the project under any of the applicable laws set out in part 9.1 of the extract.