Agreements, Treaties and Negotiated Settlements Project

Gournditch Mara and Essential Petroleum Resources Ltd Indigenous Land Use Agreement (ILUA)
Date:	30 January 2007
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	South-west Victoria
State/Country:	Victoria, Australia
	The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: The area of the ILUA is all the lands and waters subject to Onshore Exploration Permit Petroleum PEP 151.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 30 January 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: VI2005/006
Subject Matter:	Native Title \| Oil and Gas
Summary Information:
The Gournditch Mara and Essential Petroleum Resources Ltd Indigenous Land Use Agreement (ILUA) was agreed between the Gunditjmara Native Title Group and Essential Petroleum Resources Limited on 30 January 2007. The purpose of the ILUA is to allow onshore petroleum exploration and production in the designated area. The ILUA extract does not specify a period of operation.
Detailed Information:
The parties to the ILUA consent to the exploration for, and production of oil and gas in the ILUA area. Specifically, they agree to the future grant of a production licence by the state to Essential Petroleum Resources Limited, as well as any other consents necessary for the carrying out of the terms of that production licence. 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. Native Title Services Victoria has described the ILUA as involving 'many complex concepts'. It has also praised the Gunditjmara Native Title Group 'for the manner in which they systematically dealt with these negotiations and for finalising the ILUA' (Native Title Services Victoria).