Agreements, Treaties and Negotiated Settlements Project

Wotjobaluk, Jaadwa, Jadawadjali Wergaia and Jupagulk Indigenous Land Use Agreement (ILUA)
Category:	Agreement
Date:	11 November 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:	Wimmera region, Victoria, Australia
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	The ILUA area is located in the Wimmera region of Victoria. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'The Agreement area is all land and waters within the external boundary (subject to the exclusions below). The area is approximately 35,859 square kilometres and is located in the Wimmera region of Victoria, as shown on the locality map. The Agreement area extends from the South-Australia / Victoria border in the west, to Birchip in the east, the Mallee Highway in the north and to Ararat and the Wimmera Highway in the south. The areas excluded from the ILUA area are all areas within the ILUA boundary that are claimed as part of Yupagalk Peoples Native Title Claim Group v State of Victoria (VID6004/2000) or part of Gournditch-Mara Peoples v State of Victoria & Ors (VID6004/98) native title determination applications as filed with the Federal Court of Australia at the date this Agreement is executed are excluded from the Agreement area.' The ILUA area falls within the following local government regions: Ararat Rural City Council, Buloke Shire Council, Hindmarsh Shire Council, Horsham Rural City Council, Mildura Rural City Council, Northern Grampians Shire Council, Pyrenees Shire Council, Southern Grampians Shire Council, West Wimmera Shire Council, and Yarriambiack Shire Council.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal No.: VI2004/008.
Subject Matter:	Land Use \| Native Title \| Future Act \| Native Title - Extinguishment \| Land Management \| Consultation \| Land Transaction
Summary Information:
The Wotjobaluk, Jaadwa, Jadawadjali Wergaia and Jupagulk Indigenous Land Use Agreement (ILUA) was made between the State of Victoria, the Commonwealth of Australia, the registered native title claimants (Application Nos VID6002/98, VID6009/98 and V6005/99) and the Barengi Gadjin Land Council Aboriginal Corporation (BGLCAC). The ILUA agreement forms a part of the resolution of three native title claims, the first having been lodged with the National Native Title Tribunal on 28 December 1995. The ILUA provides for the surrender of native title rights and interests in exchange for the grant of freehold title over three blocks of Crown land and other associated benefits. The ILUA also includes a proposed native title consent determination which would recognise limited rights and interests over specified crown allotments along the Wimmera River and determine that native title does not exist in other specified parts of the claim area.
Detailed Information:
The ILUA provides consent to and validation of future acts of all classes (other than intermediate period acts) prior to the registration of the agreement which are attributable to the State or Commonwealth and which would otherwise be invalid because of the Native Title Act 1993 (Cth) (NTA). The parties agree however, that the right to negotiate provisions of the NTA will continue to apply to any future act in relation to the proposed determination area A, subject to Clause 12 of the agreement which states that the benefits under the agreement are full and final compensation for any act, including any future act attributable to the state. Under the NTA 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. The ILUA also provides for the transfer of Crown Land in fee simple by private treaty to the BGLCAC. In exchange, the registered native title claimants for and on behalf of the Wotjobaluk, Jaadwa, Jadawadjali Wergaia and Jupagulk native title claim group agree to surrender their native title rights and interests in Goyura, Katyil and Watchegatcheca. The parties consent that this surrender of native title rights and interests is intended to extinguish them under the NTA.