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Gunaikurnai and Icon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 1 September 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Gippsland., Victoria. , Australia
The Agreement Area covers approximately 854 square kilometres over the Gunai/Kurnai consent determination area (Tribunal file no.: VC97/4, Federal Court no.: VID6007/1998). It covers petroleum exploration permits 170, 172 and 173 and extends about 37 km northwest, 75 km northeast and 76 km southwest of Sale, in the state of Victoria.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 September 2013.
Legal Reference: National Native Title Tribunal File No.: VI2013/008
Subject Matter:Exploration | Future Act | Mining and Minerals | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/VIC-RegisteredILUA-GunaikurnaiandIconEnergyILUAVI2013008.aspx
Summary Information:
The Gunaikurnai and Icon Energy Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Gunaikurnai Land and Waters Aboriginal Corporation RNTBC (applicant); and

- Icon Energy Ltd.

The purpose of this body corporate agreement is to authorise the grant of permits to Icon Energy which allow for mining exploration and production activities, and to provide consent for any later act consisting of a right to mine within the ILUA area.
Detailed Information:
Details of the agreement

Commencement

The ILUA was registered on 1 September 2013. The Extract does not stipulate a specific start or end date but the Agreement commences on 1 September 2013 (date of registration) except for clause 1, 4, 5, 7.2, 8, 9.1 and 17 to 36 which commence on the execution date.

Agreement

The Agreement operates to provide the parties' consent to mining activities carried out by Icon Energy. This consent relates to the doing of certain future acts. The Extract provides that these activities acts are:

a) the grant by the State of Victoria of the permits and of any later act to Icon Energy Ltd; and

b) Icon Energy Ltd's use of the permits and of any later act.

The Extract stipulates that the consent of the parties refers to actions related to the carrying out of exploration and production activities under the permits or under any later act.

The Extract stipulates that a later act means one that is contemplated by section 26D(2) of the Native Title Act and relates to the right to mine in the area covered by the ILUA. A later act also includes a production licence or pipeline licence applied for by, and proposed to be granted to, Icon Energy.


Native Title Provisions

Right to negotiate provisions do not apply

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

Background to the Agreement:

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
  • Icon Energy Ltd - Signatory
  • Legislation
  • Pipelines Act 1967 (Vic)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Traditional Owner Settlement Act 2010 (Vic)
  • Petroleum Act 1998 (Vic)

  • Documents

    Map
    Gunaikurnai and Icon Energy ILUA - Map - ( PDF)
    Gunaikurnai and Icon Energy ILUA - Description of agreement area - ( PDF)
    Gunaikurnai and Icon Energy ILUA - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Body Corporate Agreement (Australia) | Native Title Representative Body (NTRB) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | State Government | Public Company | Native Title (Australia) | Future Act Determination (Native Title Act (1993) (Cth)) (Australia) | Legislation | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Determination (Australia)

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