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Gunai / Kurnai – Stan Wassylko Indigneous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 March 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South Gippsland, Victoria, Australia
The area is located approximately 221km east of Melbourne in the South Gippsland Region of Victoria. The nearest town is Yarram, approximately 5kms east of the tenement boundary and is accessible via the Princes Highway, or the South Gippsland Highway.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 17 March 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: Tribunal file no: VI2011/002
Subject Matter:Exploration | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2011/VI2011.002/ILUARegisterExport.pdf
Summary Information:
The Gunai / Kurnai - Stan Wassylko Indigneous Land Use Agreement (ILUA) is an area agreement between Gunaikurnai Land and Waters Aboriginal Corporation and Stan Wassylko.

The purpose of the ILUA is to provide consent to the grant of an exploration permit to Wassylko.
Detailed Information:
Details of the Agreement

Commencement and Termination

The ILUA was entered into on the 17th March 2011 and will continue to operate for the duration of the licence unless terminated by the parties.

Future Acts

The parties to the agreement consent to doing the future acts listed below in respect of the ILUA area:
- the grant by the State of Victoria of an exploration licence to Wassylko under Mineral Resources Sustainable Development Act 1990 (Vic) and to any consent required by or on behalf of Wassylko pursuant to the Licence; and
- the use of the exploration licence and of any consent required pursuant to the exploration licence by Wassylko.

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) does not apply.

Background

The Parties

Gunaikurnai Land & Waters Aboriginal Corporation
RNTBC is the new name of the Gunaikurnai Land & Waters Aboriginal Corporation, the prescribed body corporate nominated to hold native title rights and interests on trust for the Gunai/Kurnai people in Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144 (22 October 2010).

Native Title History

Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144 determination concerned two related native title applications made by the Gunai/Kurnai people. The first application (VID 6007/98) was filed on 7 April 1998 and concerned a claim over approximately 8,000 parcels of land in the Gippsland area. The second application (VID 482/09) was filed on 29 June 2009 and sought to include some additional parcels of land to the original claim.

Both the Consent Determination and the Gunaikurnai Recognition and Settlement Agreement (signed after the determination was made) cover the same area.

The agreement provides for the transfer of 10 national parks and reserves under 'Aboriginal title' to the Gunai/Kurnai People for joint management with the Victorian Government.

Related Entries

Organisation
  • Gunaikurnai Land & Waters Aboriginal Corporation RNTBC - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Mineral Resources (Sustainable Development) Act 1990 (Vic)
  • People
  • Stan Wassylko - Signatory

  • References

    General Reference
    Native Title Services Victoria Gunaikurnai Achieve Settlement: First Claim to be Settled under the New Approach to Resolving Native Title in Victoria
    Media Release
    Minister for Aboriginal Affairs (2010) Land Justice For The Gunaikurnai of Gippsland
    Native Title Services Victoria (22 October 2010) Gunaikurnai People Win Respect and Recognition in Native Title Consent Determination
    The Hon Jenny Macklin MP and the Hon Robert McClelland MP (22 October 2010) Gunaikurnai Native Title Recognition
    Resource
    National Native Title Tribunal (2010) VIC - Native Title Determination Summary - Gunai/Kurnai People

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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