Title Agreements

A “future legislative act” is an activity or proposal that may affect the national interests of the title. The Native Title Act protects native titles in the future by defining the procedures that governments must follow before the native title can be affected. Procedures differ depending on the nature of the proposed development activity. The procedure does not give a local licensee the right to veto financial aid, but ensures that the parties negotiate the future law in good faith. Procedures include the right to the opinion of traditional owners, the right to be heard, the right to negotiate and issues that must be considered in an agreement. The endorsement includes confidential items, such as rules of access to land, behavioural and compensation agreements, as well as the protection of land rights and interests and cultural heritage. This confidential agreement is generally not subject to the National Native Title Tribunal. A property reserve clause (also called the Romalpa clause in some jurisdictions) is a provision of a contract for the sale of goods that leaves ownership of the goods to the seller until the buyer fulfills certain obligations (usually the payment of the purchase price). For more information about your case, please contact Mathis Title Company`s lawyers. The main purpose of the property reserve (“ROT”) is to ensure that the seller can recover the goods when the goods are delivered on credit when the buyer goes bankrupt later. They are often seen as a natural expansion of the credit sector; if suppliers are expected to sell goods on credit, it is reasonable to expect that, if they are not paid, they will be able to repossess the goods. Nevertheless, insolvency regimes or credit agreements in a number of jurisdictions prevent the application of property reserve clauses if this would disrupt the administration of the plan.

[1] The co-existence agreement, known as the Western Cape Communities, covers one of the largest bauxite mines in the world, now operated by Rio Tinto. It is also known as the Comalco Indigenous Land Use Agreement (ILUA). Signatories include 11 traditional ownership groups in Queensland, four Indigenous Community Councils (Aurukun, Napranum, Mapoon and New Mapoon), Comalco Aluminium Limited and Cape York Land Council on behalf of local parties. The Queensland government is also a signatory and has agreed to provide additional financial benefits when the agreement is registered. ILUA covers two mining leases, but agrees to all “alternative extensions, renewals or deliveries” necessary for access and transport of materials between territories. The parties also agree that Queensland Ports Corporation grants the operator the land and rights necessary to fulfill its interests in the contractual territory, including the shipment of goods in and out of Weipa. IlUA states that this consent is not intended to “prevent the application of laws relating to the protection of Aboriginal cultural heritage or the protection of the environment in relation to the protection of Aboriginal cultural heritage or environmental protection.” Alternatively, the Native Title Act allows local title groups and other interested parties to voluntarily enter into agreements known as the Indigenous Land Use Agreements (ILUAs).

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