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