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Terra Firma Quarries Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 16 June 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Bealiba, Victoria, Australia
The ILUA applies to all land and water within Work Authorities 543 and 1127 in the town of Bealiba, located in the Central Goldfields Shire Council and Tumbukka Regional Council. The area is described further in Schedule C of the ILUA.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: VI2004/003.
Subject Matter:Cultural Heritage | Future Act | Mining and Minerals | Native Title | Recognition of Traditional Rights and Interests
Summary Information:
The Terra Firma Quarries Indigenous Land Use Agreement (the ILUA) allows for the grant of two Work Authorities to Terra Firma Quarries Pty Ltd by the State of Victoria. The Work Authorities are a requirement for carrying out Extractive Industries in Victoria.

The ILUA provides the consent of the parties to the grant of two Work Authorities. Subject to compliance with the ILUA, the parties agree to certain 'future acts', namely the granting of Work Authorities 543 and 1127 and the use of those Authorities to extract stone. The State of Victoria can grant 'consents' for this work, which can include authorisations, leases, licences, permits, approvals, certificates, directions or notices. Any further 'future acts' in respect to the Work Authorities are also valid. Without this agreement, these grants would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. However, 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.

The consent of the Native Title Signatories is conditional upon adherence to Cultural Heritage Management Procedures, outlined in Schedule A of the ILUA.

The ILUA commences on the 7 December 2004, except for the 'benefits', which commence when the Work Authority is granted. The ILUA continues to operate for the duration of the Work Authority, unless the Agreement is terminated by agreement in writing.

Related Entries

Organisation
  • National Native Title Tribunal
  • Central Goldfields Shire
  • Terra Firma Quarries Pty Ltd - Signatory
  • Native Title Services Victoria
  • State of Victoria
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Dja Dja Wurrung Native Title Group
  • Mr Gary John Murray and Others on behalf of the Dja Dja Wurrung Native Title Group - Signatory

  • References

    Article
    Native Title Services Victoria (2004) Dja Dja Wurrung - Future Act Matters
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia)

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