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Term of an Aboriginal Cultural Heritage Land Management Agreement

Commencement and termination of a Aboriginal Cultural Heritage Land Management Agreement.

Commencement of an ACHLMA

An ACHLMA comes into effect on the commencement date, which may be one of the following dates:

  • on the execution of the ACHLMA (the date the ACHLMA is signed)
  • on the happening of a specified event
  • at a specified time

Item 2 and clause 2.1 of the Approved Form requires parties to specify the commencement date.

Examples:

This ACHLMA will commence following the completion of all jobs detailed in the Activities Plan for the 2016-2017 season. 

This ACHLMA will commence on the date it is signed by both parties.

This ACHLMA will commence on the 1 July 2017.

Termination of an ACHLMA

ACHLMAs come to an end on the termination date, which may be one of the following:

  • on the happening of a specified event
  • at a specified time
  • by agreement between the parties.
  • if the registration of the RAP which is party to the ACHLMA is revoked by the VAHC under Part 10 of the Act, the ACHLMA is terminated on the date of the revocation

Clause 2.2 allows for staggered termination of an ACHLMA, where whole, part or for a particular part of the Agreement Area of the ACHLMA can be terminated at a given date or time.

Item 3 and clause 2.2 of the Approved Form requires parties to specify the termination date.

Examples:

This ACHLMA will end at the conclusion of the Activity Plan for the 2016-2020 Fire Operations Plan.

or

This ACHLMA will end on the 1 July 2027

or

This ACHLMA will cease to include the section of the Agreement Area, west of One Tree Hill Road, after the completion of the fencing activities. The ACHLMA will end for the remaining Agreement Area on 31 December 2025.

Outstanding liability and obligations accrued at the date of termination of the ACHLMA survive that termination and must be carried out (clause 2.4 of the Approved Form).

Reviewed 09 November 2020

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