Agreements, Treaties and Negotiated Settlements Project

Gunditj Mirring and the State of Victoria Indigenous Land Use Agreement (ILUA)
Date:	31 October 2007
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Lake Condah
State/Country:	Victoria, Australia
	Lake Condah is north of Tyrendarra in the local government regions of Glenelg, Moyne and the Southern Grampians Shire Council. It is in the south-west region of Victoria.
Legal Status:	Registered with National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 October 2007. This is a body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	VI2006/004
Alternative Names:	Gunditjmara
Subject Matter:	Land Management \| Land Settlement \| Land Transaction \| Native Title \| Recognition of Native Title or Traditional Ownership
URL:	http://www.gunditjmirring.com
Summary Information:
The Gunditj Mirring Indigenous Land Use Agreement (ILUA) was agreed between the State of Victoria (APPLICANT) and the Gunditj Mirring Traditional Owners Aboriginal Corporation for and on behalf of the Gunditjmara People on 31 October 2007. The purpose of this ILUA is to consent to transfer land around Lake Condah to the Gunditj Mirring Traditional Owners Aboriginal Corporation as freehold. This ILUA includes agreement that �future acts� may be done. The parties also agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) (the NTA) do not apply to future acts, as the alternative consultation provisions are to be followed instead. Under the NTA 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.
Detailed Information:
This Agreement also sets out some conditions for the management of the ecology of the area. The native title determination for the Gunditjmara people of south west Victoria was made on 30 March 2007 recognising native title rights for the Gunditjmara people. The native title determination includes the transfer of freehold title of the Lake Condah reserve to the Gunditj Mirring Traditional Owners Aboriginal Corporation being honoured through this ILUA.