Background to the Agreement Greenfleet describes this ILUA as the first step in the Noosa Restoration and Reconciliation Project and one which will provide employment opportunities to the Kabi Kabi people while taking critical steps to protect the climate (Greenfleet, November 2021). The Project is predicted over its lifetime to sequester more than 700,000 tonnes of carbon dioxide, equivalent to the annual emissions of 160,000 cars in Australia (Greenfleet, November 2021). Commencement and Termination This agreement commenced and was binding when signed by both parties (30 March 2021). It has operated as an ILUA and in relation to the agreed future acts since being included in the Register of Indigenous Land Use Agreements on 27 August 2021. The ILUA will terminate on the earlier of: - the written agreement of the parties;
- 7 years after its registration or at a later time with the agreement of the parties, unless a carbon abatement interest for the project is granted to Greenfleet and registered under the Land Act 1994 (Qld) or the Nature Conservation Act 1992 (Qld); or
- on notice from Greenfleet at the end of the Project.
Native Title Provisions Right to negotiate The parties agree that the right to negotiate provisions of the NTA do not apply to the ILUA. Extinguishment The parties agree that the non-extinguishment provisions of the NTA apply. This means that under s 24EB(3) of the NTA any of the acts 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 In relation to all or part of the ILUA area, the parties consent to: - carbon abatement interests being registered or dealt with in favour of Greenfleet, under the Land Act 1994 (Qld) or the Nature Conservation Act 1992 (Qld);
- entering an agreement under the Forestry Act 1959 (Qld) to allow access for the purpose of forest restoration activities;
- dedication as a protected area under the Nature Conservation Act 1992 (Qld); and
- any other future act necessary, or connected to, the above acts that support the restoration of a native biodiverse forest and the sequestering of carbon dioxide from the atmosphere.
Native Title in the Agreement Area The ILUA area is within the area of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group entered into the Register of Native Title Claims (the Register) on 8 February 2019. For further information see the attached Extract from the Register of Native Title Claims for QCD2018/007. |