Dja Dja Wurrung and Excalibur Mining Indigenous Land Use Agreement (ILUA)
|Date: ||14 March 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Wedderburn. |
|The Agreement Area covers approximately 2.8sq km and includes all land and waters subject to Victorian Mining Licence MIN5425. The Licence covers land in Wedderburn, Victoria. It is located within the Loddon Shire Council region.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements as an authorised Area Agreement on 14 March 2014. |
|Legal Reference: ||National Native Title Tribunal File No.:
|Subject Matter:||Exploration | Land Use | Mining and Minerals | Native Title | Oil and Gas|
|Summary Information: |
|The Dja Dja Wurrung and Excalibur Mining Indigenous Land Use Agreement (ILUA) is an Area Agreement agreed between:
- Gary John Murray, Robert Herbert Nicholls, Rodney John Carter, Graham John Atkinson, Carmel Priscilla Barry and Connie Harrison-Edwards on behalf of the Dja Dja Wurrung Native Title
Claim Group(applicant); and
- Excalibur Mining Corporation Limited
on 14 March 2014.
The purpose of the ILUA is to provide the parties' consent to the granting and use of a mining licence over the Agreement Area. |
|Detailed Information: |
|Details of the Agreement
This ILUA was registered with the National Native Title Tribunal (NNTT) on 14 March 2014.
The Extract does not note a specific start or end date for the Agreement. However, Clause 5.1 provides that the Agreement takes effect from the Date of Execution. The Extract does not provide this Date specifically.
The Agreement will continue in effect for the duration of the Mining Licence, unless it is terminated in writing by the parties.
The Agreement operates to provide the parties' consent to:
(a) the granting of a Mining Licence to Excalibur Mining;
(b) the use of the Mining Licence within the Agreement Area by Excalibur Mining; and
(c) validates the use of / any mining activities carried out pursuant to the Mining Licence.
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 Right to Negotiate does not apply.
Native Title in the ILUA Area
The Dja Dja Wurrung Peoples filed a native title claim with the Federal Court of Australia as proceeding VID6001/00 on 19 July 2000. On 28 March 2013, the Victorian Government and the Dja Dja Warrung people reached a native title settlement, recognising the Dja Dja Wurrung people as the traditional owner group for approximately 266,532 hectares of Crown land in central Victoria.
The ILUA area is subject to this land.
In 2013, the Dja Dja Wurrung people negotiated a Native Title settlement with the Victorian Government which formally recognised the Dja Dja Wurrung as Traditional Owners of their lands.