Gunaikurnai Land and Waters Aboriginal Corporation, Peter D Howson and Thomas A Howson and State of Victoria Indigenous Land Use Agreement (ILUA)

The agreement area covers approximately 908.5 sq metres and is located approximately 3.9 kms west of Valencia Creek next to the Avon River.

The Gunaikurnai Land and Waters Aboriginal Corporation, Peter D Howson and Thomas A Howson and State of Victoria Indigenous Land Use Agreement (ILUA) was agreed on 12 August 2016 under the provisions of the Native Title Act 1993 (Cth)between the following parties:

• Gunaikurnai Land and Waters Aboriginal Corporation;
• Peter D Howson and Thomas A Howson; and
• The State of Victoria.

The purpose of the ILUA is to provide consent for extinguishment of native title rights and interests in the agreement area.

The Native Title Representative Body for this area is Native Title Services Victoria Ltd.

The agreement area covers about 908.5 square metres and is located approximately 3.9 kilometres west of Valencia Creek next to the Avon River. Schedule 1 describes the areas as Crown allotment 2004, 'Parish of Koorool', being the whole of the land as described in title plan TP955072J. See the attached schedule 2 for a map of the agreement area.

Commencement:

The ILUA commenced operating on the date it was signed by all parties.

Native Title Provisions:

The parties agree that the right to negotiation provisions of the Native Title Act 1993 (Cth) do not apply.

The parties agree that the surrender of native title rights and interests is intended to permanently extinguish those native title rights and interests. As such, the non-extinguishment principle does not apply.

The ILUA does have statements that reference subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth). This means, that the parties consent to the State granting a fee simple title in respect of the ILUA area to the Gunaikurnai Land and Waters Aboriginal Corporation. The Gunaikurnai Land and Waters Aboriginal Corporation, acting on behalf of the Gunaikurnai people, subsequently surrendered their native title rights and interests in the area on the 12 August 2016.

Native Title in the ILUA Area:

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Mullet on behalf of the Gunai/Kurnai People v State ofVictoria [2010] FCA 1144. (FCA File No.: VID6007/1998, NNTT File No.: VC97/4).

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