Common use of Effect on Native Title Clause in Contracts

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) If native title exists over the locations of the Grant Priority Land, the creation of tenure for the Grant Priority 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 Xxxxxxx Peninsula Native Title Party enter into, and have registered on the Register of Indigenous Land Use Agreements, a Grant Land Reform ILUA which applies the non-extinguishment principle. (b) If native title exists over the locations of the Grant Priority Land, the creation of tenure for the Grant Priority 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 Xxxxxxx Peninsula Native Title Party do not enter into, and have registered on the Register of Indigenous Land Use Agreements, a Grant Land Reform ILUA which applies the non-extinguishment principle; or (ii) the relevant Grant Land Claim Group Xxxxxxx Peninsula Native Title Party elects a form of tenure for the Grant Priority Land which allows the Grant Priority 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 Priority Land is not compatible with the existence of native title, then the creation of tenure for the Grant Priority Land will require a surrender of native title rights and interests. (c) Nothing in this Agreement requires the State to Grant unconditional freehold land over an area where native title rights and interests exist, other than under paragraph (b). (d) Subject to paragraph (de), within 2 years of the date the locations of the Grant Priority Land are determined in accordance with clause 12.5(a14.4(a), each Grant Land Claim Group relevant Xxxxxxx Peninsula Native Title Party must enter into, and seek to have registered on the Register of Indigenous Land Use Agreements, a Grant Land Reform 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 Priority Land as required under paragraph (b). (de) No further compensation other than that provided for in the Precinct Agreements will be payable by the State to a Grant Land Claim Groupthe native title holders or registered claimants, or in relation to any other native title rights and interests, interests under the NTA, to allow for the creation reform of tenure for the Grant Landunder this clause 14.

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 Native Title Party 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 Native Title Party 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 Native Title Party 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)11.6, each Grant Land Claim Group the Native Title Party 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), as the case may be. (d) No further compensation other than that provided for in the Precinct Agreements under this Agreement will be payable by the State to a Grant Land Claim Groupthe Native Title Party, or in relation to any other native title rights and interests, under the NTA, Native Title Act to allow for the creation of tenure for the Grant Land.