Dja Dja Wurrung Settlement Agreement Indigenous Land Use Agreement (ILUA)
|Date: ||24 October 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Ballarat|
|The agreement area covers about 17,366 square kilometres north of Ballarat in central Victoria.
The region falls within the Campaspe Shire, Buloke Shire, Ballarat City, Central Goldfields Shire, Greater Bendigo City, Hepburn Shire, Loddon Shire, Macedon Ranges Shire, Moorabool Shire, Mount Alexander Shire, Northern Grampians Shire and Pyrenees Shire Councils.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements as an authorised Area Agreement on 24 October 2013. |
|Legal Reference: ||National Native Title Tribunal File No.:
|Subject Matter:||Future Act | Land Use | Native Title - Extinguishment|
|Summary Information: |
|The Dja Dja Wurrung Settlement Agreement Indigenous Land Use Agreement (ILUA) is an Area Agreement agreed between:
- the State of Victoria (applicant);
- Dja Dja Wurrung Native Title Group, which means:
(a) Brando Morgan, Gary Murray, Robert Nicholls, Graham Atkinson, Carmel Barry and Fay Carter on their own behalf and on behalf of the Dja Dja Wurrung People (Federal Court proceeding VID6006/1998);
(b) Brando Morgan, Gary Murray, Robert Nicholls, Graham Atkinson, Carmel Barry and Fay Carter on their own behalf and on behalf of the Dja Dja Wurrung People (Federal Court proceeding
(c) Gary Murray, George Nelson, Graham Atkinson and Fay Carter on their own behalf and on behalf of the Dja Dja Wurrung People (Federal Court proceeding VID6003/1999); and
(d) Gary Murray, Robert Nicholls, Rodney Carter, Graham Atkinson, Carmel Barry, Connie Harrison-Edwards and Name Withheld for Cultural Reasons on their own behalf and on behalf of the Dja Dja
Wurrung People (Federal Court proceeding VID6001/2000); and
- the Dja Dja Wurrung Clans Aboriginal Corporation.
on 24 October 2013.
The purpose of the ILUA is to provide the parties' consent to the extinguishment of native title over the land and waters contained within the Agreement Area. |
|Detailed Information: |
|Details of the Agreement
This ILUA was registered with the National Native Title Tribunal (NNTT) on 24 October 2013.
The Extract does not note a specific start or end date for the Agreement. However, Clause 7 is said to commence when the Land Use Activity Agreement comes into effect. The Extract does not provide this Date specifically.
The Agreement operates to provide the parties' consent to:
(a) future acts within the ILUA area done by the State of Victoria on or after 24 October 2013;
(b) the surrender of native title for the purposes of extinguishment over land where a future act of the kind mentioned in paragraph (a) above is done.
Clause 7.3(a)(ii) stipulates that a future act is either a grant of an estate in fee simple or another act done which results in land within the Agreement Area ceasing to be public land.
It should be noted that the Extract references a Land Use Activity Agreement (LUAA). A LUAA is an alternative procedure for addressing future acts under the Traditional Owner Settlement Act 2010 (Vic).
Native Title Provisions
Right to negotiate provisions do not apply
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act 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.
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 under the Traditional Owner Settlement Act 2010 (Vic), 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.