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.