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Gunditjmara - SEAGAS Port Campbell VIC to Torrens Island SA Pipeline Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 August 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the South West region of Victoria, Victoria, Australia
The Agreement Area includes lands and waters located about 1371 sq km in the south western corner of Victoria between Port Campbell and Torrens Island.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 August 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:VI2015/002
Subject Matter:Housing, Construction and Infrastructure | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=VI2015/002
Summary Information:
The Gunditjmara - SEAGAS Port Campbell VIC to Torrens Island SA Pipeline Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Gunditj Mirring Traditional Owners Aboriginal Corporation;

- Eastern Maar Aboriginal Corporation; and

- South East Australia Gas Pty Ltd.

The Agreement provides consent for a gas transmission pipeline to be constructed and operated in the Agreement Area.
Detailed Information:
Commencement

The Agreement was registered with the Register of Indigenous Land Use Agreements on 25 August 2015.

The Extract does not specify a start or end date for the Agreement.

The Extract does, however, state that the Agreement commences when the last party to the agreement executes and dates the Agreement.

The Agreement will terminate 20 years after the Agreement is registered on 25 August 2015, unless it is otherwise terminated in writing by the parties.

Native Title Provisions

Future Acts

The parties consent to the doing and validation of Future Acts. Further, the parties agree not to challenge the validity of such acts in the future.

The parties agree that any Future Acts that have already taken place prior to registration on 25 August 2015 are validated.

"Future Acts" is defined as those acts necessary or expedient to give effect to the Project, and any act necessary to enable the Project to proceed. Such acts include approvals, the grant and exercise of tenure and any supplementary or ancillary acts necessary for such acts to have full force and effect, or to maintain or develop structures and works comprising the Project.

The Project

South East Australia GaS Pty Ltd proposes to construct, install, operate, maintain, repair, realce and further develop a gas transmission pipeline from Port Campbell in Victoria to Torrens Island in South Australia.

The Project connects existing gas transmission infrastructure in Victoria and South Australia owned and operated by other parties.

The Project includes the arrangement for new tenure that require formalisation prior to the Project proceeding. It is anticipated that these will comprise the grant on behalf of the State of Victoria of a lease, easement, licence or other authority necessary or expedient to enable South East Australia Gas Pty Ltd to undertake the Project under the Pipelines Act 1967.

Native Title in the ILUA Area

The Native Title Holders are defined as the Wik & Wik Way Peoples, being the people determined by the Federal Court of Australia to be the common law holders of native title in certain lands and waters under the Wik Determinations.

Those determinations include the following Approved Determinations of Native Title made by the Federal Court of Australia on:

- 3 October 2000 (Federal Court proceeding QUD6001/98);
- 13 October 2004 (Federal Court proceeding QUD6001/98);
- 29 July 2009 (Federal Court proceeding QUD6029/01); and
- 11 October 2012 (Federal Court proceedings QUD6001/98).

The Native Title Holders are the Gunditjmara People. Two decisions of the Federal Court of Australia recognise their native title rights and interests over areas in the south west of Victoria.

Gunditjmara (Part A) Native Title Determination

On 30 March 2007 the Federal Court of Australia delivered a Consent Determination over almost 140,000 hectares across the southwest of Victoria in favour of the Gunditjmara People.

This area is bounded by the Glenelg River, and to the north by the Wannon River. It covers national parks including the Lower Glenelg National Park, Mt Richmond National Park and Mt Eccles National Park as well as Lake Condah and State Forests including Cobboboonee State Forest, Dunmore State Forest and Hotspur State Forest.

Gunditjmara (Part B) Native Title Determination

On 27 July 2011, the Federal Court of Australia determined that both the Traditional Owners represented by Gunditj Mirring and the Eastern Maar Aboriginal Corporation are the native title holders for the land between the Shaw and Eumeralla Rivers from Deen Maar (including Yambuk) to Lake Linlithgow. Deen Maar (Lady Julia Percy Island) holds deep and significant cultural association for Traditional Owners.

Related Entries

Agreement
  • Lovett on behalf of the Gunditjmara People v State of Victoria (No 5) [2011] FCA 932
  • Lovett (on behalf of the Gunditjmara People) v State of Victoria [2007] FCA 474
  • Organisation
  • Moyne Shire Council
  • Southern Grampians Shire Council
  • Glenelg Shire Council
  • The Gunditj Mirring Traditional Owners Aboriginal Corporation - Signatory
  • Eastern Maar Aboriginal Corporation - Signatory
  • South East Australia Gas Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Pipelines Act 1967 (Vic)
  • People
  • Gunditjmara People
  • John Maxwell Lovett, Christina Isabel Saunders, Eugene Samuel Lovett and Georgina Helen Redfern on behalf of the Gunditjmara People
  • Gunditjmara Native Title Group

  • Documents

    Map
    Gunditjmara - SEAGAS Port Campbell VIC to Torrens Island SA Pipeline Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Gunditjmara - SEAGAS Port Campbell VIC to Torrens Island SA Pipeline Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal Corporation (Australia) | Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Legislation | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Public Company

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