ATNS - Agreements, Treaties and Negotiated Settlements project

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Victorian Mining Licence 5435 Dja Dja Wurrung Indigenous Land Use Agreement (ILUA)
Date:	23 December 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Bendigo area
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State/Country:	Victoria, Australia
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	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 of approximately 4.5 hectares covers all lands and waters subject to Mining Licence Application 5435. It is located approximately 3.5km, south of Dunolly in the Parish of Chewton. The Agreement covers Mining Licence Application 5435 and falls within the Central Goldfields Shire Council Local Government Area.' The area of the ILUA is south-east of Bendigo and falls within the jurisdiction of the Tumbukka Regional Council.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No.: VI2005/004
Subject Matter:	Mining and Minerals \| Native Title
Summary Information:
The Victorian Mining Licence 5435 Dja Dja Wurrung Indigenous Land Use Agreement (ILUA) was agreed between Mr Gary John Murray, Mr Robert Herbet Nicholls, Mr Rodney John Carter, Mr Graham John Atkinson, Ms Carmel Priscilla Barry, Ms Connie Harrison-Edwards on behalf on the Dja Dja Wurrung Native Title Group, Andrew Herbert Ayers and William Alexander Weetman on 23 December 2005. The purpose of the ILUA is to validate the grant of Victorian Mining Licence 5435 to Andrew Herbert Ayers and William Alexander Weetman so as to allow small mining to take place on the ILUA area. The ILUA states that it will operate for the duration of the mining licence, unless the parties agree in writing that it should be terminated.
Detailed Information:
This ILUA 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 to future acts, 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 parties to the ILUA consent to the grant and use of the mining licence, and the doing of any act pursuant to that licence.