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Gunditj Mirring Non-Extinguishment Principle Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 March 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Areas surrounding Heywood and Portland, Victoria, Australia
The ILUA covers land and waters in the south-west of Victoria, near the border between Victoria and South Australia. The ILUA area is within the jurisdiction of the Glenelg Shire Council, the Moyne Shire Council and the Southern Grampians Shire Council. The ILUA area is also covered by another ILUA executed on 30 March 2007 as part of the settlement of proceedings VID6004/1998 and VID655/2006.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 3 March 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:VI2010/001
Subject Matter:Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/VI2010.001/ILUARegisterExport.pdf
Summary Information:
The Gunditj Mirring Non-Extinguishment Principle Indigenous Land Use Agreement (ILUA) was agreed between the State of Victoria and the Gunditj Mirring Traditional Owners Aboriginal Corporation RNTBC.

The purpose of the ILUA is to provide consent for future act public works in relation to the ILUA area for the purposes of section 24EB of the Native Title Act 1993 (Cth). This ILUA also establishes that the construction of such public works will not extinguish the native title rights of the Gunditjmara People. This means that once public works are shifted or removed from the ILUA areas, the native title rights and interests of the Gunditjmara People will continue to exist.
Detailed Information:
Future Acts:

The Gunditj Mirring Traditional Owners Aboriginal Corporation consents to the doing of any act by the State of Victoria in relation to the ILUA area that consists of the construction or establishment of public works.


These public works must be future acts that are covered by section 24JA of the Native Title Act 1993 (Cth) and carried out after 30 March 2010.

Non-Extinguishment Principle:

The parties also agree that the non-extinguishment principle applies. This means that under section 24EB of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests. Instead, these interests are revived when the activities are completed.

Background:

This ILUA concerns the determination area established in the Gunditjmara People's consent determination - Lovett on behalf of The Gunditjmara People v State of Victoria [2007] FCA 474. The Gunditjmara People's consent determination considered two complementary native title claims: Gunditjmara (Federal Court File No.: VID6004/98) and Gunditjmara #2 (Federal Court File No.: VID655/06). The consent determination recognised the Gunditjmara People's non-exclusive native title rights over approximately 140,000 hectares of land and waters in Victoria.

The Gunditj Mirring Traditional Owners Aboriginal Corporation RNTBC (a signatory to the Gunditj Mirring Non-Extinguishment ILUA) was established to manage the native title rights and interests of the Gunditjmara People.

Related Entries

Agreement
  • Lovett (on behalf of the Gunditjmara People) v State of Victoria [2007] FCA 474 - Previous
  • Gunditj Mirring and the State of Victoria Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Victoria - Signatory
  • The Gunditj Mirring Traditional Owners Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)

  • References

    General Reference
    National Native Title Tribunal (30 March 2010) Extract from Register of Indigenous Land Use Agreements - Gunditj Mirring Non-Extinguishment Principle ILUA
    Fact Sheet
    Australian Institute of Aboriginal and Torres Strait Islander Studies Gunditj Mirring Traditional Owners Aboriginal Corporation
    Media Release
    National Native Title Tribunal (10 December 2009) Rights Strengthen Gunditjmara Identity
    Report
    National Native Title Tribunal (20 March 2007) The Gunditjmara People’s Native Title Determinations

    Documents

    Map
    Gunditj Mirring Non-Extinguishment Principle Indigenous Land Use Agreement - Map - ( PDF)

    Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Extinguishment (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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