Back to search results

printable versionPrint this page

Dja Dja Wurrung and Chum Street Car Park Sale Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 16 October 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Bendigo, Victoria, Australia
The Agreement Area covers approximately 0.77 hectares over Crown Allotment 2103, Parish of Sandhurst, Bendigo in the State of Victoria.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 October 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:VI2013/005
Subject Matter:Economic Development | Land Planning | Land Use
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=VI2013/005
Summary Information:
The Dja Dja Wurrung and Chum Street Car Park Sale Indigenous Land Use Agreement (ILUA) was agreed between:

- Gary John Murray, Robert Herbert Nicholls, Rodney John Carter, Graham John Atkinson, Carmel Priscilla Barry, Connie Harrison-Edwards on behalf of the Dja Dja Wurrung Native Title Claim Group;

- Surgant No 2 Pty Ltd; and

- the State of Victoria.

The purpose of this Area Agreement is to provide consent for the granting of fee simple title (under s.99 of the Land Act 1958 (Vic) to the Developer in respect of the ILUA Area.

Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 16 October 2013.

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

Clause 4.1 of the Agreement does note, however, that the Agreement will take effect from the day it is executed by all parties, in accordance with Clause 14.

The Extract provides no further information regarding the Agreement's commencement and does not outline Clause 14 of the Agreement.

Native Title Provisions

Under Clause 5.1 of the Agreement, the parties consent that the Right to Negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act are not intended to apply to the grant of fee simple title to the proponent over the Agreement Area.

Clause 7.1 of the Agreement states that, upon registration of this Agreement on 16 October 2013, the Native Title Applicants surrender to the State native title rights and interests (if any) in and relating to the Agreement Area.

In addition, in signing the Agreement, the parties provide consent that (pursuant to s.24EB(1)(d) of the Native Title Act, the surrender of native title rights and interests (if any) is intended to extinguish those native title rights and interests.

Native Title in the ILUA Area

The Dja Dja Wurrung Peoples filed a native title claim with the Federal Court of Australia as proceeding VID6001/00 on 19 July 2000. On 28 March 2013, the Victorian Government and the Dja Dja Warrung people reached a native title settlement under the Traditional Owner Settlement Act 2010 (Vic), recognising the Dja Dja Wurrung people as the traditional owner group for approximately 266,532 hectares of Crown land in central Victoria. The ILUA area is subject to this land.

Related Entries

Agreement
  • Dja Dja Wurrung and Chewton Dingo Conservation Centre Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Department of State Development (QLD) - Signatory
  • Surgant Pty Ltd - Signatory
  • Dja Dja Wurrung Clans Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Land Act 1958 (Vic)
  • People
  • Gary John Murray, Robert Herbert Nicholls, Rodney John Carter, Graham John Atkinson, Carmel Priscilla Barry and Connie Harrison-Edwards on behalf of the Dja Dja Wurrung Native Title Group - Signatory
  • Dja Dja Wurrung Native Title Group

  • Documents

    Map
    Dja Dja Wurrung and Chum Street Car Park Sale ILUA Map - ( PDF)
    Dja Dja Wurrung and Chum Street Car Park Sale ILUA Extract - ( PDF)
    Dja Dja Wurrung and Chum Street Car Park Sale ILUA Written Description - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia) | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Traditional Owner Group (Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)) (Australia) | State Government

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey