Native Title. If, under any Law relating to Native Title, the commencement or performance of this Agreement is affected by Native Title or any requirement under such Law, then this Agreement and Sunwater's obligations under this Agreement are subject to any such requirement.
Native Title. The parties acknowledge and agree that nothing contained in this Licence constitutes a future act for the purposes of the Native Title Act 1993 (Cth).
Native Title. Nothing in this agreement is intended to affect or be inconsistent with any native title rights and interests* which may exist or be recognised in the agreement areas, or with the Native Title Act 1993 (Cth) (‘NTA’*). In this section, ‘affect’ has the same meaning as in the NTA. The execution of this agreement does not constitute an acknowledgement by any party that native title rights and interests exist in the agreement area. The RAP acknowledges that another party to this agreement may be required to negotiate with one or more Aboriginal groups (for example, a native title claim group*) in respect of the agreement area. If this occurs, the relevant party will provide the RAP with a written notice advising them of this fact as soon as practicable after it has commenced negotiations with the Aboriginal group/s.
Native Title. Under the Native Xxxxx Xxx 0000, Native Title is the pre-existing rights and interests in relation to land or waters (recognised by the common law), possessed by Aboriginal and Xxxxxx Xxxxxx Islander people under traditional laws and customs by which those people have a connection to the relevant land or waters.
Native Title. 4.1 This agreement is made without prejudice to the existence or any of Native Title rights.
4.2 The Parties acknowledge that this agreement does not constitute any surrender of Native Title by the Yaegl People.
4.3 The Parties acknowledge that the agreement does not constitute any acknowledgement of Native Title by the Council.
Native Title. (a) If any land or any waters within the Supply Zones are subject to a claim under the Native Xxxxx Xxx 0000 (Cth) (NTA) or an agreement reached under the Traditional Owners Xxxxxxxxxx Xxx 0000 (Vic) (TOSA) which claim or agreement is known to VicForests at the date of this Agreement, details of that claim and/or agreement are set out in Schedule 3.
(b) In relation to land or waters the subject of a claim, and any land or any waters within the Supply Zones which may become subject to a claim, under the NTA the Parties acknowledge that a determination of the claim by the Native Title Tribunal or the Federal Court or an agreement reached under the NTA may.
(i) affect the Buyer's rights under the Agreement; and
(ii) constitute a Force Majeure event for the purpose of clause 22.
(c) In relation to land or waters the subject of an agreement, and any land or any waters within the Supply Zones which may become subject to an agreement, reached under the TOSA, the Parties acknowledge that the operation of the TOSA and any regulations made under it and any applications for determinations made to the Victorian Civil and Administrative Tribunal or determinations made by the Victorian Civil and Administrative Tribunal or by the Minister (being the Minister under the TOSA) may:
(i) affect the Buyer's rights under the Agreement; and
(ii) constitute a Force Majeure event for the purpose of clause 22.
(d) The Buyer agrees that it will undertake its own investigations and obtain its own advice with respect to any such claim or potential claim or agreement referred to in clause 26(a) and acknowledges that it has not sought advice from, nor relied upon any representations made by VicForests, any relevant Minister or the Government of Victoria in respect of any actual or potential claim or agreement.
Native Title. (a) In relation to land or waters the subject of a claim under the Native Xxxxx Xxx 0000 (Cth) (NTA), and any land or any waters within the Supply Zones which may become subject to such a claim, the Parties acknowledge that a determination of the claim by the National Native Title Tribunal or the Federal Court or an agreement reached under the NTA may:
(i) affect the Buyer's rights under the Agreement; and
(ii) constitute a Force Majeure event for the purpose of clause 22.
(b) In relation to land or waters the subject of an agreement reached under the Traditional Owners Xxxxxxxxxx Xxx 0000 (Xxx) (TOSA), and any land or any waters within the Supply Zones which may become subject to such an agreement, the Parties acknowledge that any such agreement and/or any determinations made by the Victorian Civil and Administrative Tribunal or by the Minister (being the Minister under the TOSA) may:
(i) affect the Buyer's rights under the Agreement; and
(ii) constitute a Force Majeure event for the purpose of clause 22.
(c) The Buyer agrees that it will undertake its own investigations and obtain its own advice with respect to any such claim or potential claim or agreement referred to in clauses 26(a) and (b) and acknowledges that it has not sought advice from, nor relied upon any representations made by VicForests, any relevant Minister or any Government Agency in respect of any actual or potential claim or agreement.
(d) Claims under the NTA can be viewed at the National Native Title Tribunal website at xxxx://xxx.xxxx.xxx.xx. For further information, the National Native Title Tribunal may be contacted at - GPO Box 9973 Xxxxxxxxx Xxx 0000 Telephone No: (00) 0000 0000 Facsimile No: (00) 0000 0000 Agreements under the TOSA can be viewed at the Department of Justice website at xxxx://xxx.xxxxxxx.xxx.xxx.xx/xxxx/xxxx+xxxxxx/xxxxxx+xxxxx/xxxxxxxx+xx+xx nd+use+activity+agreements. For further information, the Native Title Unit of the Department of Justice may be contacted at - Xxxxx 00 000 Xxxxxxxxxx Xxxxxx Xxxxxxxxx XXX 0000 Telephone No: (00) 0000 0000.
Native Title. (a) The Concessionaire acknowledges and agrees that neither the SCSA nor any other person has made any representation, given any advice or given any warranty as to the existence or otherwise of any native or aboriginal title in respect of the Land or any part of the Land.
(b) Despite anything to the contrary contained in this Agreement, as between the SCSA and the Concessionaire:
(i) the SCSA is responsible for dealing with any Native Title Application in respect of any part of the Land; and
(ii) the SCSA will be responsible for the payment of any compensation or other moneys required to be paid to the native title holders of the Land or any part of the Land pursuant to a Native Title Application by those native title holders.
(c) Except as otherwise expressly provided, the SCSA will not be liable to the Concessionaire for any Liability which the Concessionaire suffers or incurs as a result of a Native Title Application in respect of any part of the Land.
(d) If there is a Native Title Application with respect to the Land or any part of it, the Concessionaire must:
(i) continue to perform its obligations under this Agreement, except to the extent the Concessionaire is otherwise prevented from performing its obligations under this Agreement as a result of the existence of the Native Title Application including to the extent the Concessionaire is required to suspend or cease performance of its obligations in accordance with:
(A) a direction of the SCSA under Clause 9.5(e); or
(B) any applicable Law or order of a court or tribunal; and
(ii) at the request of the SCSA and at the SCSA’s cost and expense, provide all reasonable assistance in connection with dealing with such Native Title Application (including giving the SCSA and any other persons authorised by the SCSA access to the Land or that part of the Land which is the subject of the Native Title Application when reasonably required by the SCSA for that purpose).
(e) For the purposes of Clause 9.5(d)(i), the SCSA may by written notice direct the Concessionaire to suspend the execution of any or all of the Interchange Facility Works under this Agreement until such time as the SCSA gives the Concessionaire further written notice and the Concessionaire must comply with such direction.
(f) If, in accordance with Clause 9.5(d), the Concessionaire is prevented from performing its obligations under this Agreement such that it is required to suspend or cease undertaking all or part of the Interchange Facility Wor...
Native Title. 16.10.1 The Developer acknowledges and agrees that it has not entered into this Deed or any other Project Document in reliance on any representation, warranty, promise or statement by Council, or any of Council's Associates nor any other person as to the existence or otherwise of any native or aboriginal title in respect of the Land, or any part of the Land.
16.10.2 If a Native Title Application is made in respect of the Land, then the Developer is responsible for dealing with any Native Title Application in respect of the Land or any part of the Land.
16.10.3 The Developer is responsible for payment of any compensation or other moneys required to be paid to the native title holders of the Land or any part of the Land or any applicants of such title, under a Native Title Application by those native title holders or applicants.
16.10.4 In respect of any Native Title Application that is made in respect of the Land, the Developer must consult with Council and act reasonably in taking into account any recommendation or comments made by Council in connection with any response to such application, including management of any negotiation, mediation, settlement or other procedures provided for under the Native Title Act 1993 (Cth).
16.10.5 The Developer is not entitled to make, and Council will not be liable upon, any Claim (including for any Liability or Loss suffered or incurred by the Developer) arising out of or in connection with a Native Title Application in respect of the Land or any part of the Land or any of the other matters referred to in this clause 16.10.
16.10.6 If there is a Native Title Application with respect to the Land or any part of it, the Developer must:
(a) notify Council in writing within 5 Business Days of becoming aware of the Native Title Application;
(b) continue to perform the Activities as required by this Deed, except to the extent otherwise:
(i) directed by any relevant Authority or ordered by a court or tribunal; or
(ii) required by Law; and
(c) take all steps to mitigate any Loss arising out of or in connection with the Native Title Application and the performance of the Developer's obligations under this clause 16.10.
Native Title. 5.14.1 The Lessor agrees to notify the Lessee in writing of: -------------------------------------------------------------------------------- NOTE:- Every annexed page shall be signed by the parties to the dealing, or where the party is a corporate body, be signed by the persons who have attested the affixing of the seal of that body to the dealing.
5.14.1.1 any native title claims which are lodged over any of the Land after commencement of the Lease, within one month of the Lessor receiving notice of such claim pursuant to Section 66(2) of the Native Title Act (Cth) 1993;
5.14.1.2 the progress of any native title claims which in any way affects the Lessee's rights and obligations under this Lease;
5.14.1.3 any Determination which in any way affects the Land, within seven days of the Lessor being notified of such Determination;
5.14.1.4 any agreement that has been entered into by the Lessor with the Commonwealth or any Aboriginal group concerning native title rights or Aboriginal Items which in any way affects the Lessee's rights under this Lease, within seven days of entering into such agreement; and
5.14.1.5 any claim of the existence of any Aboriginal Item which in any way affects the Land or the Lessee's rights under this Lease, as soon as it becomes aware of any such claim in its capacity as owner of the Land.
