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GunaiKurnai and Mt Hotham Alpine Resort Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 August 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Mount Hotham, Victoria, Australia
The Agreement Area is located within the vicinity of Mount Hotham, in the state of Victoria. The Extract notes that there are eight (8) distinct areas the subject of this Agreement. The coordinates of those areas are included in Schedule 2 of the Agreement.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 8 August 2013. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:VI2013/004
Subject Matter:Housing, Construction and Infrastructure | Tourism
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/VIC_-_Registered_ILUA_-_Gunai_Kurnai_and_Mt_Hotham_Alpine_Resort_VI2013_004.aspx
Summary Information:
The GunaiKurnai and Mt Hotham Alpine Resort Indigenous Land Use Agreement (ILUA) was agreed between:

- the Gunaikurnai Land and Waters Aboriginal Corporation; and

- the Mt Hotham Alpine Resort Management Board

on 12 August 2013.

The purpose of this Body Corporate ILUA is to provide consent for a range of activities in the Agreement Area.

Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 8 August 2013.

The Extract does not note specific start or end dates for this ILUA.

The Extract does note, however, Clause 1(a) of the Extract which states: "This ILUA commences as a contract between the Parties on the date executed by the last of the Parties to do so."

The Extract provides no further information regarding the Agreement's commencement.

Native Title Provisions

The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth).

This means that the ILUA does not:

- provide consent for the doing of any acts by
non-native title parties;

- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.

Native Title in the ILUA Area.

On 22 October 2010, the Federal Court of Australia handed down a consent determination recognising the native title rights and interests of the Gunaikurnai People over land in the southeast of Victoria. This consent determination, which is known as Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144, coincided with the signing of a Recognition and Settlement Agreement between the Gunaikurnai and the State of Victoria. This was the first claim to be settled under Victoria's new native title settlement framework, which is set out in the Traditional Owner Settlement Act 2010 (Vic).

The Gunaikurnai consent determination and settlement agreement recognised the unique native title rights of the Gunaikurnai People over around 22,000 square kilometres of land in Gippsland. The determination covers 18% of Crown land in the state of Victoria. It allows the Gunaikurnai People to receive formal recognition of their traditional ownership, as well as a hand-back of land title and various economic development, educational and employment opportunities.


Related Entries

Agreement
  • Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144 (22 October 2010)
  • Organisation
  • Gunaikurnai Land & Waters Aboriginal Corporation RNTBC - Signatory
  • Mt Hotham Alpine Resort Management Board - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Traditional Owner Settlement Act 2010 (Vic)
  • People
  • Olive Tregonning, Sandra Middleton Patten, Graham John (Bootsie) Thorpe and Albert Mullet on behalf of the Gunai/Kurnai People
  • Policy/Strategy
  • Victorian Native Title Settlement Framework

  • Documents

    Map
    GunaiKurnai and Mt Hotham Alpine Resort Indigenous Land Use Agreement (ILUA)Map - ( PDF)
    GunaiKurnai and Mt Hotham Alpine Resort Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    GunaiKurnai and Mt Hotham Alpine Resort Indigenous Land Use Agreement (ILUA)Written Description - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia)

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