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Gunditj Mirring and the State of Victoria Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 31 October 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Lake Condah, Victoria, Australia
Lake Condah is north of Tyrendarra in the local government regions of Glenelg, Moyne and the Southern Grampians Shire Council. It is in the south-west region of Victoria.
Legal Status: Registered with National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 October 2007. This is a body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: VI2006/004
Alternative Names:
  • Gunditjmara
  • Subject Matter:Land Management | Land Settlement | Land Transaction | Native Title | Recognition of Native Title or Traditional Ownership
    Summary Information:
    The Gunditj Mirring Indigenous Land Use Agreement (ILUA) was agreed between the State of Victoria (APPLICANT) and the Gunditj Mirring Traditional Owners Aboriginal Corporation for and on behalf of the Gunditjmara People on 31 October 2007. The purpose of this ILUA is to consent to transfer land around Lake Condah to the Gunditj Mirring Traditional Owners Aboriginal Corporation as freehold.

    This ILUA includes agreement that 'future acts' may be done. The parties also agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, 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.
    Detailed Information:
    This Agreement also sets out some conditions for the management of the ecology of the area.

    The native title determination for the Gunditjmara people of south west Victoria was made on 30 March 2007 recognising native title rights for the Gunditjmara people. A part of this native title claim is the transfer of freehold title of the Lake Condah reserve to the Gunditj Mirring Traditional Owners Aboriginal Corporation, being honoured through this ILUA.

    Related Entries

    Agreement
  • Lovett (on behalf of the Gunditjmara People) v State of Victoria [2007] FCA 474
  • Gunditj Mirring Non-Extinguishment Principle Indigenous Land Use Agreement (ILUA)
  • Organisation
  • The Gunditj Mirring Traditional Owners Aboriginal Corporation - Signatory
  • State of Victoria - Signatory
  • National Native Title Tribunal
  • Glenelg Shire Council
  • Moyne Shire Council
  • Southern Grampians Shire Council
  • Event
  • Lake Condah Land Transfer
  • Legislation
  • Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Gunditjmara People
  • Gunditjmara Native Title Group

  • References

    General Reference
    Sami: Resource Centre for the Rights of Indigenous peoples Australia: native title declared in south west Victoria
    Media Release
    National Native Title Tribunal (10 December 2009) Rights Strengthen Gunditjmara Identity
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

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

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