Separate ILUAs for Separate Areas Clause Samples
Separate ILUAs for Separate Areas. 2.5.1 For the purposes of s199C of the NTA and despite anything else contained in this Agreement or any rule of law to the contrary:
2.5.1.1 subject to clause 2.5.2, this Agreement may be registered as a separate ILUA for each Claim Area or such other area within the ILUA Area determined by Comalco after consultation with CYLC and Attachment 1 will be amended accordingly; and
2.5.1.2 for each such separate ILUA a reference to “ILUA Area” will be taken to be a reference to that Claim Area or such other area within the ILUA Area determined by Comalco after consultation with CYLC.
2.5.2 Although this Agreement embodies what may become a number of separate ILUAs (see clause 2.5.1), Comalco may, for convenience, exercise its rights or perform its obligations as if all such ILUAs were the one agreement. The performance by Comalco of its obligations or the exercise of its rights as described under this Agreement will be deemed to be the performance of obligations or the exercise of rights for all of the ILUAs referred to in clause 2.5.1.
2.5.3 If at any time:
2.5.3.1 it appears to Comalco that it is likely that a native title determination will be made; or
2.5.3.2 a native title determination is made, in relation to any part of the ILUA Area (referred to in clause 2.5 as the “Relevant Part”) in favour of any Aboriginal person not a party to, or bound by, this Agreement (referred to in this clause 2.5 as the “New Native Title Holder”) which will cause s199C(1)(b) of the NTA to apply:
2.5.3.3 then Comalco is entitled to notify the Native Title Registrar that the ILUA Area is reduced by the Relevant Part and does not include, and is taken not to relate to, the Relevant Part (and if the native title determination is made as contemplated in clause 2.5.3.2, the notification will be deemed to have been given); and
2.5.3.4 CYLC and the Communities will use their respective best endeavours to ensure that the New Native Title Holder:
2.5.3.4.1 adopts and enters into this Agreement as a Native Title Party; and
2.5.3.4.2 makes the appropriate applications to the Federal Court under s199C(1A) of the NTA seeking an order that the Federal Court not remove the details of this Agreement from the Register or, if removal is inevitable, only the minimum area possible.
2.5.4 During any period of time that this Agreement is not registered over a Relevant Part upon the Register under clause 2.5.3, then the provisions of this Agreement (other than clauses 1, 2, 3, 4, 16, 17, 18, 19, 20,...