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Low Impact Exploration and Exploration, Dja Dja Wurrung Indigenous Land Use Agreement (ILUA)
|Date:||5 May 2006|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
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|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:|
'The boundaries of this agreement follow the external boundaries of native title determination application VID6001/00 - Dja Dja Wurrung Peoples (VC00/1) as accepted for registration on 15 August 2000.
The external boundaries of the agreement commence at 144.298996° East Longitude, 35.964845° South Latitude then extend southeasterly, generally southwesterly and generally northwesterly through the following coordinate points:
144.552673° E 37.352421° S
144.416373° E 37.463817° S
143.912922° E 37.500121° S
143.595647° E 37.395754° S
143.346951° E 37.107181° S
to a point on the high water mark on the southern bank of the Avon River at 36.696931° S Latitude; then generally northwesterly along that high water mark to the junction with the Richardson River at 142.822275° E Longitude then generally northerly along the high water mark of the western bank of the Richardson River to 36.311636° S Latitude; then northerly to 142.957088° E Longitude, 36.260624° S Latitude then northeasterly back to the commencement point.
The ILUA area excludes the lands and waters of VID6006/98 - Dja Dja Wrung/Whurung People (VC99/9) as accepted for registration on 17 September 1999 and VID6001/99 - Dja Dja Wurrung (VC99/6) as accepted for registration on 19 August 1999.'
The area is within the local government regions of the Ballarat Shire Council, Buloke Shire Council, Campaspe Shire Council, Central Goldfields Shire Council, Greater Bendigo City Council, Hepburn Shire Council, Loddon Shire Council, Macedon Ranges Shire Council, Moorabool Shire Council, Mount Alexander Shire Council, Northern Grampians Shire Council and Pyrenees Shire Council.
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal File No.: VI2004/005|
|Subject Matter:||Compensation | Cultural Heritage | Exploration | Mining and Minerals | Native Title|
|The Low Impact Exploration and Exploration, Dja Dja Wurrung Indigenous Land Use Agreement (ILUA) was agreed between Gary John Murray, Robert Herbert Nicholls, Rodney John Carter, Graham John Atkinson, Carmel Priscilla Barry, Connie Harrison-Edwards, George Nelson, Fay Carter on behalf of the Dja Dja Wurrung People; and the Minerals Council of Australia (MCA) on 6 October 2005. The ILUA was registered on the Register of Indigenous Land Use Agreements on 5 May 2006.|
The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts', regarding mining and exploration.
This ILUA is one of two 'template ILUAs' agreed between native title claimant groups and the MCA; the other being the Low Impact Exploration and Exploration - Wamba Wamba, Barapa Barapa & Wadi Wadi Peoples Indigenous Land Use Agreement. These two ILUAs set out terms and conditions that mining and minerals explorers may choose to adopt, rather than enter into negotiations with traditional owners. In addition, these two ILUAs can be used as templates for other groups in a similar position (NNTT media release).
The Dja Dja Wurrung give permission for the grant, use and renewal of an Exploration Licence over the ILUA area. This includes agreement that 'future acts' may be done. The parties also 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. 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.
The ILUA also contains guidelines for the protection of cultural heritage and the environment, and compensation from mining companies to the native title holders.
The ILUA states that, upon the execution of a deed, all future applicants for exploration licences in this region will be bound by the terms of this ILUA. The ILUA also states that it will terminate 5 years after the expiry of the last Exploration Licence granted under its provisions.
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