Gunditjmara - SEAGAS Port Campbell VIC to Torrens Island SA Pipeline Indigenous Land Use Agreement (ILUA)

The Gunditjmara - SEAGAS Port Campbell VIC to Torrens Island SA Pipeline Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

• the Gunditj Mirring Traditional Owners Aboriginal Corporation;
• the Eastern Maar Aboriginal Corporation; and
• the South East Australia Gas Pty Ltd.

The Agreement provides consent for a gas transmission pipeline to be constructed and operated in the Agreement Area.

Commencement

The Agreement was registered with the Register of Indigenous Land Use Agreements on 25 August 2015. The Extract does not specify a start or end date for the Agreement. The Extract does, however, state that the Agreement commences when the last party to the agreement executes and dates the Agreement.

The Agreement will terminate 20 years after the Agreement is registered on 25 August 2015, unless it is otherwise terminated in writing by the parties.

Native Title Provisions

Future Acts

The parties consent to the doing and validation of Future Acts. Further, the parties agree not to challenge the validity of such acts in the future.

The parties agree that any Future Acts that have already taken place prior to registration on 25 August 2015 are validated.

"Future Acts" is defined as those acts necessary or expedient to give effect to the Project, and any act necessary to enable the Project to proceed.

Such acts include approvals, the grant and exercise of tenure and any supplementary or ancillary acts necessary for such acts to have full force and effect, or to maintain or develop structures and works comprising the Project.

The Project

South East Australia GaS Pty Ltd proposes to construct, install, operate, maintain, repair, replace and further develop a gas transmission pipeline from Port Campbell in Victoria to Torrens Island in South Australia.

The Project connects existing gas transmission infrastructure in Victoria and South Australia owned and operated by other parties.

The Project includes the arrangement for new tenure that requires formalisation prior to the Project proceeding. It is anticipated that these will comprise the grant on behalf of the State of Victoria of a lease, easement, licence or other authority necessary or expedient to enable South East Australia Gas Pty Ltd to undertake the Project under the Pipelines Act 1967.

Native Title in the ILUA Area

The Native Title Holders are the Gunditjmara People. Two decisions of the Federal Court of Australia recognise their native title rights and interests over areas in the south west of Victoria.

Gunditjmara (Part A) Native Title Determination

On 30 March 2007 the Federal Court of Australia delivered a Consent Determination over almost 140,000 hectares across the southwest of Victoria in favour of the Gunditjmara People. This area is bounded by the Glenelg River, and to the north by the Wannon River. It covers national parks including the Lower Glenelg National Park, Mt Richmond National Park and Mt Eccles National Park as well as Lake Condah and State Forests including Cobboboonee State Forest, Dunmore State Forest and Hotspur State Forest.

Gunditjmara (Part B) Native Title Determination

On 27 July 2011, the Federal Court of Australia determined that both the Traditional Owners represented by Gunditj Mirring and the Eastern Maar Aboriginal Corporation are the native title holders for the land between the Shaw and Eumeralla Rivers from Deen Maar (including Yambuk) to Lake Linlithgow. Deen Maar (Lady Julia Percy Island) holds deep and significant cultural association for Traditional Owners.

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