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Dja Dja Wurrung and Dusan Gorjance for PL1008 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 Maryborough, Victoria, Australia
The Agreement Area covers about 4.5 ha over Prospecting Licence 1008 approximately 10 km southwest of Maryborough 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.:VI2013/003
Subject Matter:Exploration | Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/VIC_-_Registered_ILUA_-_Dja_Dja_Wurrung_and_Dusan_Gorjance_for_PL1008_ILUA_VI2013_003.aspx
Summary Information:
The Dja Dja Wurrung and Dusan Gorjance for PL1008 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; and

- Mr Dusan Gorjance

on 16 October 2013.

The purpose of this Area Agreement is to provide consent for the granting of an exploratory mining license.

Detailed Information:
Commencement

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

In accordance with Clause 23, the Agreement takes effect from the date it is executed by all parties. The Agreement will continue to operate for the duration of the Exploratory Mining Licence unless terminated by the parties in writing.

Native Title Provisions

Under Clause 6.1 of the Agreement, the parties agree that the Right to Negotiate provisions in Part 2, Division 3, Subdivision P of
the Native Title Act are not intended to apply.

Clause 6.2 of the Agreement outlines the parties' consent for the exploration and licensing matters arising under this Agreement, including consent to:

- the grant by the State of the Licence to the proponent and to any consent required by or on behalf of the proponent pursuant to the Licences in respect of the Licence areas;

- the use of the Licence and of any consent required pursuant to the Licence, by the proponent in respect of the Licence area; and

-for that such prospecting and exploration for minerals and mining done in respect of the Licence area is valid.

The exploratory mining licence will be applied for by the proponent and it will be granted and registered pursuant to the Mineral Resources Sustainable Development Act 1990 (Vic). The Prospecting Licence application number is 1008."

The Agreement notes that the term "Mining" is to be given the same meaning as is ascribed to that term in section 4 of the Mineral Resources Sustainable Development Act 1990 (Vic) being extracting minerals from land for the purpose of producing them commercially, and includes processing and treating ore.

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 Recognition and Settlement agreement under the Traditional Owners Settlement Act 2010 (Vic). This agreement recognised 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
  • Dja Dja Wurrung Clans Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Mineral Resources (Sustainable Development) Act 1990 (Vic)
  • Traditional Owner Settlement Act 2010 (Vic)
  • Mineral Resources (Sustainable Development) Act 1990 (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
  • Dusan Gorjance - Signatory

  • Documents

    Map
    Dja Dja Wurrung and Dusan Gorjance for PL1008 ILUA Map - ( PDF)
    Dja Dja Wurrung and Dusan Gorjance for PL1008 ILUA Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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