Effect on Native Title Sample Clauses
The 'Effect on Native Title' clause defines how an agreement or action impacts existing native title rights and interests. Typically, this clause clarifies whether the agreement extinguishes, impairs, or leaves unchanged any native title claims over the relevant land or waters. For example, it may specify that the grant of a lease or license does not affect native title, or conversely, that certain activities will result in the surrender or extinguishment of native title rights. Its core function is to provide certainty to all parties about the legal status of native title in relation to the agreement, thereby preventing future disputes and ensuring compliance with native title legislation.
Effect on Native Title. (a) If native title exists over the locations of the Grant Land, the creation of tenure for the Grant Land will not require a surrender of native title rights and interests and result in the extinguishment of those native title rights and interests if the State and the relevant Grant Land Claim Group enter into, and have registered on the Register of Indigenous Land Use Agreements, a Grant Land ILUA which applies the non-extinguishment principle.
(b) If native title exists over the locations of the Grant Land, the creation of tenure for the Grant Land will require a surrender of native title rights and interests and result in the extinguishment of those native title rights and interests if:
(i) the State and the relevant Grant Land Claim Group do not enter into, and have registered on the Register of Indigenous Land Use Agreements, a Grant Land ILUA which applies the non-extinguishment principle; or
(ii) the relevant Grant Land Claim Group elects a form of tenure for the Grant Land which allows the Grant Land to be used for a purpose that is not compatible with the continued exercise of native title rights and interests. For the avoidance of doubt, if the proposed use of the Grant Land is not compatible with the existence of native title, then the creation of tenure for the Grant Land will require a surrender of native title rights and interests.
(c) Subject to paragraph (d), within 2 years of the date the locations of the Grant Land are determined in accordance with clause 12.5(a), each Grant Land Claim Group must enter into, and seek to have registered on the Register of Indigenous Land Use Agreements, a Grant Land ILUA to:
(i) allow for the creation of tenure subject to the non-extinguishment principle (as contemplated under paragraph (a)); or
(ii) surrender, and allow for the extinguishment of, native title rights and interests over the locations of the Grant Land as required under paragraph (b).
(d) No further compensation other than that provided for in the Precinct Agreements will be payable by the State to a Grant Land Claim Group, or in relation to any other native title rights and interests, under the NTA, to allow for the creation of tenure for the Grant Land.
Effect on Native Title. (a) The Non-Extinguishment Principle applies to the Future Acts referred to in clause 3.1.
(b) The Parties acknowledge that Part 2 Division 3 Subdivision P of the NTA [the right to negotiate provisions] does not apply to the Future Acts referred to in clause 3.1.