Victorian Mining Licence 4872 Indigenous Land Use Agreement (ILUA)
|28 February 2006
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|The ILUA area is located near Bendigo, in Central Victoria. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:
“The agreement covers the area of (Mining) Licence 4872, which is 4.4 hectares in size and in located in the Shire of Strathfieldsaye, approximately 8.5km south of the CBD of the Greater City of Bendigo.”
The area is within the Greater Bendigo City Council local government area and within the jurisdiction of the Tumbukka Regional Council.
|Registered with the National Native Title Tribunal
|National Native Title Tribunal File No.: VI2005/00
|Native Title | Mining and Minerals
|The Victorian Mining Licence 4872 Indigenous Land Use Agreement (ILUA) was agreed between:
Mr Gary John Murray, Mr Robert Herbert Nicholls, Mr Rodney John Carter, Mr Graham John Atkinson, Ms Carmel Priscilla Barry, Ms Connie Harrison-Edwards on behalf of the Dja Dja Wurrung Native Title Group; and
Diamond Hill Mining Pty Ltd.
The ILUA was signed on 28 February 2006. The purpose of the ILUA is to provide consent for a range of acts, whether or not they are ‘future acts’, in relation to the mining of gold in the ILUA area. This includes agreeing to the grant of Mining Licence 4872 to Diamond Hill Mining, and to any acts done pursuant to that licence.
|The Dja Dja Wurrung native title group gives permission for Diamond Hill Mining to mine the ILUA area for gold. Doug Cahill of Diamond Hill Mining was reportedly “impressed by the cooperation of the Dja Dja Wurrung group” during the negotiations for this ILUA (Bendigo Advertiser).
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, 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.