Div 2AIndigenous land use agreements

Division 2A—Indigenous land use agreements 46A—Indigenous land use agreement binding on lessees (1) An ILUA that is in force in relation to pastoral land is binding on the current lessee of the land whether or not the lessee was the person with whom the ILUA was made. (2) A lessee of pastoral land may enter an ILUA in relation to contiguous pastoral land that is under the lessee's management and control (and the lessee of the contiguous pastoral land will be taken not to be the occupier of that land for the purposes of this Division). (3) An ILUA that is in force in relation to pastoral land the subject of subsection (2) is binding on the current occupier of the land whether or not the occupier was the person with whom the ILUA was made. 46B—Immunity from liability (1) Subject to this section, no civil liability attaches to a party to an ILUA for injury, damage or loss— (a) caused by another party to the ILUA; or (b) suffered by a person who is unlawfully on pastoral land the subject of the ILUA unless the injury, damage or loss was caused intentionally or through gross negligence. (2) Subject to this section, an ILUA may— (a) modify the duty of care or standard of care required of a party to an ILUA as against another party to the ILUA; or (b) limit the civil liability of a party to an ILUA as against another party to the ILUA. (3) To avoid doubt, sections 17C(4) and (6) of the Wrongs Act 1936 do not apply to an occupier of pastoral land the subject of an ILUA. (4) Nothing in this section affects the operation of a statutory insurance or compensation scheme. (5) For the purposes of this section, a reference to— (a) a party to an ILUA includes a reference to— (i) in the case of a lessee of pastoral land— (A) that lessee, in relation to pastoral land used by the lessee for pastoral purposes that is contiguous to land the subject of the pastoral lease; and (B) a family member, employee or invitee (not being a person entering the pastoral land under section 48) of the lessee that is on the pastoral land; and (ii) in the case of a native title group—an invitee of an Aboriginal person exercising a right of entry or staying on the pastoral land under the ILUA or section 47(1); (b) a reference to pastoral land includes a reference to contiguous land that is located within the perimeter fence line of land the subject of a pastoral lease, but is not the subject of the lease. 46C—ILUA to be endorsed on lease (1) If an ILUA is entered in relation to pastoral land, the Minister must cause a notice of that fact (in a form approved by the Registrar-General) to be lodged with the Registrar-General. (2) The Registrar-General must, on receipt of a notice under subsection (1), endorse on the relevant pastoral lease or pastoral leases the fact that an ILUA has been entered in relation to pastoral land the subject of the lease or leases. (3) No stamp duty or fee is payable in respect of a notice lodged or action of the Registrar-General pursuant to this section.