an executed agreement is not Govt approval. IMO, the agreement would be required as part of Pursuit's overall S18 Aboriginal Heritage submission to Govt.
Approvals are given under the Aboriginal Heritage Act
Agreements are established under the Native Title Act
The Native Title Act gives powers to specific Aboriginal groups and allows native title groups and other interested parties to voluntarily enter agreements known as Indigenous Land Use Agreements (ILUAs). ILUAs can cover both future acts (e.g. exploration or mining activity) and non-future acts (e.g. use and access agreements that regulate co-existing rights). When registered, ILUAs bind all parties and all native title holders to the terms of the agreement. IMO in both Pursuits and Classics cases the agreements are the same thing and do not constitutes Govt approval
The formal Govt approval falls under the Aboriginal Heritage Act for which the Govt has has been given power and discretion under the Act in exercising its jurisdiction. Approval is given once all requirements have been satisfied of which the an agreement in necessary.. IMO
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