All Abilities Playspace Indigenous Land Use Agreement (ILUA)

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 15 October 2019. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

The All Abilities Playspace Indigenous Land Use Agreement ('ILUA') was agreed under the provisions of the Native Title Act 1993 (Cth) between the Glenelg Shire Council and Gunditj Mirring Traditional Owners Aboriginal Corporation.

The agreement area covers about 3300 sq km on the foreshore of Portland Harbour, approx. 830 m south east of Portland CBD.

The purpose of the agreement is to give the Glenelg Shire Council consent to erect new buildings, car parking spaces and infrastructure on the land, for the development and installation of contained and safe "all abilities" playground equipment.

The Native Title Representative Body for this area is First Nations Legal and Research Services Ltd.

Details of the Agreement

ILUA Area

The area covers about 3300 sq km on the foreshore of Portland Harbour, approx. 830 m south east of Portland CBD. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA: per Schedule 2 of the Agreement, within Crown Allotments 6A Section A and 6G Section A of the Township of Portland. For more information see the documents attached below.

Commencement and Termination

The agreement is binding from the date when signed by all the parties. It has effect as an ILUA from its registration on 15 October 2019. The ILUA will terminate upon agreement by the parties, or otherwise in accordance with law.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts that form part of the agreed works.

Future act provisions

The extract outlines that there are statements within the agreement which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native title Act 1993 (Cth). The consequences set out under those sections are triggered. The parties agree to doing certain agreed acts, including:

• the Gunditj Mirring Traditional Owners Aboriginal Corporation on behalf of the Native Title Holders, consents to the council works in building the 'All Abilities Playspace Land';
  
• any agreed acts that form part of the works are valid to the extent that they affect native title;
• the council's right to undertake the work is subject to the Glenelg Shire Council fulfilling the required terms; and
  
• any future acts that are not part of the agreed works but are proposed by the Council to be undertaken on the land must be negotiated in good faith.
  

Native Title in the Agreement Area

This ILUA area is within the native title determination area in Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474. (FCA file no.: VID6004/1998; VID655/2006, NNTT file no.: VCD2007/001).

Related Entries

Documents

Glossary