ATNS - Agreements, Treaties and Negotiated Settlements project

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Gunai / Kurnai & Stan Wassylko Indigneous Land Use Agreement (ILUA)
Date:	17 March 2011
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	South Gippsland
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State/Country:	Victoria, Australia
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	The area is located approximately 221km east of Melbourne in the South Gippsland Region of Victoria. The nearest town is Yarram, approximately 5kms east of the tenement boundary and is accessible via the Princes Highway, or the South Gippsland Highway.
Legal Status:	Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 17 March 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	Tribunal file no: VI2011/002
Subject Matter:	Exploration \| Mining and Minerals \| Native Title
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2011/VI2011.002/ILUARegisterExport.pdf
Summary Information:
The Gunai / Kurnai & Stan Wassylko Indigneous Land Use Agreement (ILUA) is an area agreement between Gunaikurnai Land and Waters Aboriginal Corporation and Stan Wassylko. The purpose of the ILUA is to provide consent to the grant of an exploration permit to Wassylko.
Detailed Information:
Details of the Agreement Commencement and Termination The ILUA was entered into on the 17th March 2011 and will continue to operate for the duration of the licence unless terminated by the parties. Future Acts The parties to the agreement consent to doing the future acts listed below in respect of the ILUA area: - the grant by the State of Victoria of an exploration licence to Wassylko under Mineral Resources Sustainable Development Act 1990 (Vic) and to any consent required by or on behalf of Wassylko pursuant to the Licence; and - the use of the exploration licence and of any consent required pursuant to the exploration licence by Wassylko. Right to negotiate The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) does not apply. Background The Parties Gunaikurnai Land & Waters Aboriginal Corporation RNTBC is the new name of the Gunaikurnai Land & Waters Aboriginal Corporation, the prescribed body corporate nominated to hold native title rights and interests on trust for the Gunai/Kurnai people in Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144 (22 October 2010). Native Title History Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144 determination concerned two related native title applications made by the Gunai/Kurnai people. The first application (VID 6007/98) was filed on 7 April 1998 and concerned a claim over approximately 8,000 parcels of land in the Gippsland area. The second application (VID 482/09) was filed on 29 June 2009 and sought to include some additional parcels of land to the original claim. Both the Consent Determination and the Gunaikurnai Recognition and Settlement Agreement (signed after the determination was made) cover the same area. The agreement provides for the transfer of 10 national parks and reserves under Aboriginal title to the Gunai/Kurnai People for joint management with the Victorian Government.