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Hazelwood, Crown Allotment 2037 Indigenous Land Use Agreement (ILUA)

Category: Agreement
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of the town of Morwell. , Victoria, Australia
The Agreement Area is described in Schedule 2 of the ILUA as the entirety of Crown Allotment 2037 in the Parish of Hazelwood (as defined in Title Plan 946004D). This is approximately 0.286 square kilometres in size and is about 3.7 kilometres south east of Morwell in the Latrobe Valley area of Gippsland, in eastern Victoria. The local government region is Latrobe City.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 July 2014.
Legal Reference: National Native Title Tribunal File No.: VI2013/011
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/VIC_-_Registered_ILUA_-_Hazelwood_,_Crown_Allotment_2037_ILUA_VI2013_011.aspx
Summary Information:
The Hazelwood, Crown Allotment 2037 Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- the State of Victoria (applicant); and

- the Gunaikurnai Land & Waters Aboriginal Corporation (Registered Native Title Body Corporate)

on 2 July 2014.

The purpose of the ILUA is to provide for the extinguishment of native title rights and interests over the entire Agreement Area.
Detailed Information:
Details of the Agreement

Commencement

The Agreement was registered with the National Native Title Tribunal (NNTT) on 2 July 2014. The Extract does not specify a start or end date and instead notes that there is no specific operating period.

Agreement

The Agreement operates to provide the parties' consent to the surrender of native title over the land covered by the ILUA for the purpose of extinguishment.

The surrender is said to take effect immediately prior to the sale of the land covered by the ILUA, namely Crown Allotment 2037 in the Parish of Hazelwood.

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

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
  • State of Victoria - Signatory
  • Legislation
  • Traditional Owner Settlement Act 2010 (Vic)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)

  • Documents

    Map
    Hazelwood, Crown Allotment 2037 ILUA - Map and Description - ( PDF)
    Hazelwood, Crown Allotment 2037 ILUA - Extract - ( PDF)

    Glossary

    Aboriginal Corporation (Australia) | Extinguishment (Australia) | Native Title Determination (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Body Corporate Agreement (Australia) | State Government | Legislation | Native Title Registers | Native Title Representative Body (NTRB) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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