Low Impact Exploration and Exploration - Wamba Wamba, Barapa Barapa & Wadi Wadi People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 May 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Murray River region, Victoria, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:

"The ILUA area covers land and waters within the external boundary of the native title application V6005/00 Wamba Wamba, Barapa Barapa, Wadi Wadi Peoples (VC00/5), but excludes any Crown Land that is overlapped by any other current native title determination application made by another claim group (as defined in section 253 of the Native Title Act 1993) as at the time of registration of this ILUA. The ILUA Area also excludes the lands and waters of VG6001/95 Yorta Yorta Clans (VC94/1) as determined by the Federal Court on 18/12/1998.

The external boundary of native title determination application V6005/00 Wamba Wamba, Barapa Barapa & Wadi Wadi Peoples (VC00/5) is described as follows:

Commencing on the Victoria/New South Wales Border at Longitude 143.212854 East, Latitude 34.731301 South and extending south westerly, generally southerly and easterly through the following coordinate points:

Point Longitude East (Decimal Degrees) Latitude South (Decimal Degrees)

1 142.808439 35.285354

2 142.846441 35.449733

3 142.957088 36.260624

4 144.298996 35.964845

Then north easterly to the Victoria/New South Wales Border at Longitude 144.361667 East, 35.797783 South; then generally north westerly along that border back to the commencement point."

The area is within the Local Government Regions of Buloke Shire Council, Campaspe Shire Council, Gannawarra Shire Council, Loddon Shire Council and Swan Hill Rural City Council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: VI2004/01
Subject Matter:Native Title | Mining and Minerals | Compensation | Cultural Heritage | Exploration
Summary Information:
The Low Impact Exploration and Exploration - Wamba Wamba, Barapa Barapa & Wadi Wadi People Indigenous Land Use Agreement (ILUA) was agreed between Reginald Edwards, Jimealie Carter, Gary Murray and Howard Galway on behalf of the Wamba Wamba, Barapa Barapa, Wadi Wadi People and the Minerals Council of Australia (MCA) on 5 May 2006.

The purpose of the ILUA is to provide consent for a range of acts, whether or not they are ‘future acts’, relating to mining and exploration.

This ILUA is one of two 'template ILUAs' agreed between native title claimant groups and the MCA; the other being Low Impact Exploration and Exploration, Dja Dja Wurrung Indigenous Land Use Agreement. These two ILUAs set out terms and conditions that mining and minerals explorers may choose to adopt, rather than enter into negotiations with traditional owners. In addition, these two ILUAs can be used as templates for other groups in a similar position (NNTT media release).
Detailed Information:
The Wamba Wamba, Barapa Barapa & Wadi Wadi give permission for the grant and use of an Exploration Licence over the land that is the subject of this ILUA. This includes agreement that 'future acts' may be done. The parties also 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. 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.

The ILUA also contains guidelines for the protection of cultural heritage and the environment, and compensation from mining companies to the native title holders.

The ILUA states that it will end five years after the expiry of the last Exploration Licence granted under its provisions.

Related Entries

Agreement
  • Low Impact Exploration and Exploration, Dja Dja Wurrung Indigenous Land Use Agreement (ILUA)
  • NGMA Regional Mining/Exploration ILUA
  • Organisation
  • Minerals Council of Australia - Signatory
  • National Native Title Tribunal
  • Buloke Shire Council
  • Loddon Shire Council
  • Campaspe Shire Council
  • Swan Hill Rural City Council
  • Native Title Services Victoria
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Reginald Edwards and others on behalf of the Wamba Wamba, Barapa Barapa, Wadi Wadi People. - Signatory

  • References

    Media Release
    National Native Title Tribunal Native title agreements fast-track exploration
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Low Impact Exploration and Exploration - Wamba Wamba, Barapa Barapa & Wadi Wadi People Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

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