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Gournditch-Mara & Lynch Mining - Victorian Exploration Licences 4368 & 4369

Category: Agreement
Date: 6 October 2006
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:West of Casterton, Victoria, Australia
The ILUA covers all land and waters subject to Victorian Exploration Licences 4368 and 4369. It is located in South West Victoria, east of Casterton in the vicinity of Lake Mundi. The ILUA area's west-most boundary runs adjacent to the South Australian Border. The ILUA area is located within the jurisdiction of the Glenelg Shire Council and the West Wimmera Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 6 October 2006. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. VI2005/012.
Subject Matter:Exploration | Future Act | Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2005/VI2005.012/ILUARegisterExport.pdf
Summary Information:
The Strathgordon/Cook Shire Council Indigenous Land Use Agreement (ILUA) was agreed between:
- Lynch Mining Pty Ltd; and
- John Maxwell Lovett, Christina Isabel Saunders, Eugene Samuel Lovett, Georgina Helen Redfern and Elizabeth Harriet King on behalf of the Gournditch-Mara Native Title Group.

The purpose of this ILUA is to provide consent for the doing of future acts, namely the grant of a mining licence to Lynch Mining, and certain acts pursuant to that licence.
Detailed Information:
Consent

The native title parties consent to:
- the grant of Victorian Exploration Licences 4368 or 4369 by the State of Victoria;
- the grant of other future mining licences;
- the grant of consents pursuant to the abovementioned licences;
- the use of the abovementioned licences; and
- specific acts listed in a schedule to the ILUA (unavilable on the National Native Title Tribunal Register Extract).

Commencement and termination

The ILUA commences from the date of execution by all parties. The ILUA is effective for the duration of the licence (once granted). The ILUA may be terminated prior to this by written agreement between the parties.

Right to negotiate provisions

The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to any future acts for which consent has been given under this ILUA.

Native title in the ILUA area

The Gournditch-Mara native title claim has since been renamed the Gunditjmara native title claim. It encompasses two claims, being Gunditjmara (Federal Court File No.: VID6004/98) and Gunditjmara #2 (Federal Court File No.: VID655/2006). The Gunditjmara native title claim represents 6 different claims previously made under the name of Gournditch-Mara. One of these claims, Gournditch-Mara #6 (Federal Court File No.: VID6004/99; Tribunal File No.: VC99/4), was lodged in response to Exploration Licence Applications 4368 and 4369, which are the subject of this ILUA.

The Gunditjmara claim was resolved by a consent determination, Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474, on 30 March 2007. This consent determination recognised the non-exclusive native title rights and interests of the Gunditjmara people over vacant crown land, national parks, reserves, rivers, creeks and sea within the determination area.

Related Entries

Agreement
  • Lovett (on behalf of the Gunditjmara People) v State of Victoria [2007] FCA 474
  • Organisation
  • Lynch Mining Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Mineral Resources (Sustainable Development) Act 1990 (Vic)
  • People
  • Gunditjmara People
  • John Maxwell Lovett, Christina Isabel Saunders, Eugene Samuel Lovett and Georgina Helen Redfern on behalf of the Gunditjmara People - Signatory

  • References

    Case Law
    Federal Court of Australia Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 (30 March 2007)
    Media Release
    National Native Title Tribunal (30 March 2007) Gunditjmara to achieve 100th native title determination
    Newspaper Article
    National Native Title Tribunal (March 2006) Gunditjmara People’s Application
    Report
    National Native Title Tribunal (20 March 2007) The Gunditjmara People’s Native Title Determinations
    Resource
    National Native Title Tribunal Registered ILUA summary - Gournditch-Mara & Lynch Mining - Victorian Exploration Licences 4368 & 4369
    National Native Title Tribunal Native Title Determination Summary - Gunditjmara
    National Native Title Tribunal (2000) Registration Test Decision - Gunditjmara

    Documents

    Map
    Gournditch-Mara & Lynch Mining - Victorian Exploration Licences 4368 & 4369 Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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