This ILUA was registered with the National Native Title Tribunal (NNTT) on 8 August 2013 and became effective in relation to native title rights and interests from that time. The ILUA commenced as a contract between the Parties on the date executed by the last of the Parties to do so, which is not noted in the attached Extract.
Native Title Provisions
The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth).
This means that the ILUA does not:
- provide consent for the doing of any acts by
non-native title parties;
- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor
- validate any previous future acts.
Native Title in the ILUA Area
On 22 October 2010, the Federal Court of Australia handed down a consent determination recognising the native title rights and interests of the Gunaikurnai People over land in the southeast of Victoria. This consent determination, which is known as Mullett on behalf of the Gunai/Kurnai People v State of Victoria  FCA 1144, coincided with the signing of a Recognition and Settlement Agreement between the Gunaikurnai and the State of Victoria. This was the first claim to be settled under Victoria's new native title settlement framework, which is set out in the Traditional Owner Settlement Act 2010 (Vic).
The Gunaikurnai consent determination and settlement agreement recognised the unique native title rights of the Gunaikurnai People over around 22,000 square kilometres of land in Gippsland. The determination covers 18% of Crown land in the state of Victoria. It allows the Gunaikurnai People to receive formal recognition of their traditional ownership, as well as a hand-back of land title and various economic development, educational and employment opportunities.