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Dja Dja Wurrung and Fiddlers Creek Gold Mining Company (MIN5510) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Near Dunolly in Central Victoria, Victoria, Australia
The Agreement Area is all land and waters subject to Mining Licence Application 5510. The area covers approximately 3.16 square kilometres and is located north of Dunolly in central Victoria.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 July 2013.
Legal Reference: National Native Title Tribunal File No.: VI2013/001
Subject Matter:Mining and Minerals
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=VI2013/001
Summary Information:
The Dja Dja Wurrung and Fiddlers Creek Gold Mining Company (MIN5510) Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- 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 (applicant); and

- Fiddlers Creek Gold Mining Company Pty Ltd

The purpose of this Area Agreement is to authorise the grant and use of the mining licence (MIN510) and the carrying out of mining on the area covered by the ILUA.
Detailed Information:
Details of the agreement

Commencement

The ILUA was registered with the National Native Title Tribunal on 4 July 2013. No start or end date is specified in the Extract. The Agreement is said to continue for the duration of the mining licence and renewals unless terminated by agreement between the parties.

Terms of the Agreement

Clause 6.2 of the Agreement provides for the parties' consent to:
- the grant of the mining licence to Fiddlers Creek Gold Mining Company;
- the use of the mining licence by Fiddlers Creek Gold Mining Company;
- mining done in the ILUA area.

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

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

Organisation
  • National Native Title Tribunal
  • Loddon Shire Council
  • Fiddlers Gold Mining Company Pty Ltd - Signatory
  • Legislation
  • Mineral Resources (Sustainable Development) Act 1990 (Vic)
  • Mineral Resources (Sustainable Development) Act 1990 (Vic)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • 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

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