Gunditj Mirring Non-Extinguishment Principle Indigenous Land Use Agreement (ILUA)

The Gunditj Mirring Non-Extinguishment Principle Indigenous Land Use Agreement (ILUA) was agreed between the State of Victoria and the Gunditj Mirring Traditional Owners Aboriginal Corporation RNTBC.

The purpose of the ILUA is to provide consent for future act public works in relation to the ILUA area for the purposes of section 24EB of the Native Title Act 1993 (Cth).

This ILUA also establishes that the construction of such public works will not extinguish the native title rights of the Gunditjmara People. This means that once public works are shifted or removed from the ILUA areas, the native title rights and interests of the Gunditjmara People will continue to exist.

Future Acts:
The Gunditj Mirring Traditional Owners Aboriginal Corporation consents to the doing of any act by the State of Victoria in relation to the ILUA area that consists of the construction or establishment of public works.
These public works must be future acts that are covered by section 24JA of the Native Title Act 1993 (Cth) and carried out after 30 March 2010.

Non-Extinguishment Principle:
The parties also agree that the non-extinguishment principle applies. This means that under section 24EB of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests. Instead, these interests are revived when the activities are completed.

Background:
This ILUA concerns the determination area established in the Gunditjmara People's consent determination - Lovett on behalf of The Gunditjmara People v State of Victoria [2007] FCA 474.

The Gunditjmara People's consent determination considered two complementary native title claims: Gunditjmara (Federal Court File No.: VID6004/98) and Gunditjmara #2 (Federal Court File No.: VID655/06).

The consent determination recognised the Gunditjmara People's non-exclusive native title rights over approximately 140,000 hectares of land and waters in Victoria.

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