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Mildura Marina Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 October 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Mildura, northwest Victoria, Victoria, Australia
The ILUA area is located in Mildura in northwestern Victoria on the Murray River. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'The Area the subject of this Agreement is within the boundaries of the Rural City of Mildura and comprises land adjacent to the Riverfront controlled by Council as Committee of Management pursuant to the provisions of the Crown Land Reserves Act, unalienated Crown land. The Agreement Area covers all the lands and waters subject to the following Parish land parcels in the state of Victoria: Mildura 1 14 Mildura 1 18 Mildura 10 36A Mildura 10D 138 Mildura 11 138 Mildura 138A 138 Mildura 13A 12 Mildura 15 B1 Merbein 15 G Merbein 16 G Mildura 1A 8 Mildura 1Q A Mildura 2 7 Mildura 2A 6 Mildura 2B 6 Mildura 2C 6 Mildura 3 6 Mildura 30 5A Mildura 70B B Mildura 14A B1 Mildura 1A 1 Mildura 2 1 Mildura 3 1 Mildura 3 14 Mildura 4 1 Mildura 5 1 Mildura 5B B1 Mildura 6 1 Mildura 7 1 Mildura 2 18'. The ILUA area falls within the Tumbukka ATSIC Regional Council area and the Mildura Rural City Council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: VI2005/001.
Alternative Names:
  • Latji Latji ILUA
  • Subject Matter:Future Act | Housing, Construction and Infrastructure | Land Use | Native Title
    Summary Information:
    The Mildura Marina Indigenous Land Use Agreement (ILUA) was made between the Latji Latji and Wergaia native title group and the Mildura Rural City Council to clear the way for the (AUD) $70 million dollar marina project. The agreement allows the council to proceed with this development and provides employment and training opportuntities for the native title group. The agreement also provides consent to all future development in the ILUA area, including for Mildura's river frontage.
    Detailed Information:
    The ILUA provides for the consent for the development of a marina in Mildura. The parties to the agreement consent to the future acts set out in clause 9.2 of the ILUA. The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

    Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act, any activity such as a grant of land that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

    Both the native title parties and other parties to the ILUA consent to the carrying out of development activities and to the construction of the marina subject to the Councils' adherence to the Native Title Conditions set out in Schedule 2 of the ILUA. The parties also agree to the development of the riverfront area at any future time at the Council's discretion, subject to the Native Title Conditions.

    The 150 berth marina project is expected to provide approximately 200 jobs for the local area, as well as become a tourist destination. In addition to training and employment opportunities during the development of the marina, the Latji Latji and Wergaia will have a shop in the marina site, space for a cultural display in the Alfred Deakin Centre in Mildura, as well as formal acknowledgment at council events and in signage as the traditional owners throughout country.

    Related Entries

    Organisation
  • National Native Title Tribunal
  • Tumbukka Regional Council
  • Mildura Rural City Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Frederick Ralph Harradine (on behalf of the Latji Latji and Wergaia Native Title Claimants) - Signatory
  • Mark John Grist (on behalf of the Latji Latji and Wergaia Native Title Claimants) - Signatory
  • Latji Latji and Wergaia Peoples

  • References

    Media Release
    National Native Title Tribunal (2005) Victoria's First Local Government Native Title Agreement Finalised
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name
    National Native Title Tribunal (2003) Mildura Rural City Council, Latji Latji People sign native title agreement

    Documents

    Map
    Mildura Marina Indigenous Land Use Agreement (ILUA) Map - ( Thumbnail | PDF | Image)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia)

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