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Protocol for the Negotiation of a Native Title Framework Agreement for Victoria

Category: Agreement
Date: 3 November 2000
Sub Category:Memorandum of Understanding
Location:Victoria, Australia
Subject Matter:Collaboration / Partnership | Cultural Heritage | Native Title | Recognition of Traditional Rights and Interests | Employment and Training | Future Act | Compensation
Summary Information:
The Protocol for the Negotiation of a Native Title Framework Agreement for Victoria is an understanding between the Victorian Government, the Aboriginal and Torres Strait Islander Commission and Mirimbiak Nations Aboriginal Corporation. The Protocol relates to the conduct of negotiations with the aim of reaching a comprehensive framework agreement that will resolve or establish mechanisms for the resolution of native title issues in Victoria and which will establish mechanisms to implement that agreement.
Detailed Information:
The Protocol sets out the principles which will underpin the facilitation and making of a framework agreement. It sets out the roles of the parties to the agreement and acknowledges a number of foundations relating to native title and Indigenous peoples' connection to land.

The Protocol states that the framework agreement may provide for Indigenous Land Use Agreements (ILUAs) which may address but are not limited to the following:
(a) recognition, protection, and exercise of native title rights and interests;
(b) the relationship between native title rights and interests and other rights, and the manner of exercise of native title rights, including co-management of and access to, national parks, state forests etc, and any flora and fauna therein;
(c) the identification, protection and management of Aboriginal cultural property;
(d) a simplified future act regime including an agreed notification process;
(e) the provision of employment, and training and enterprise development opportunities;
(f) finalisation of existing native title applications;
(g) the inclusion of agreed mediation principles;
(h) negotiation of access agreements in relation to land subject to non-exclusive tenures;
(i) the costs and expenses in respect of the negotiation, authorisation, certification and lodgement for registration of ILUAs for the land and waters concerned and how they are to be funded;
(j) compensation arising under the provisions of the Native Title Act 1993 (Cth);
(k) the recognition by the State that native title exists in the land and waters covered by the ILUA;
(l) the aspirations of Aboriginal people for land as expressed in their native title claims;
(m) provisions for the State to nominate from time to time other future acts which the State may wish to undertake;
(n) any matters which are provided for in the interim arrangements; and
(o) any other matters which the parties agree.

Related Entries

Organisation
  • State of Victoria - Signatory
  • Aboriginal and Torres Strait Islander Commission (ATSIC) - Signatory
  • Mirimbiak Nations Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)

  • References

    Resource
    Output Group, Legal Services Protocol for the Negotiation of a Native Title Framework Agreement for Victoria

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Memorandum of Understanding

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