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Gunaikurnai Land and Waters Aboriginal Corporation, Peter D Howson and Thomas A Howson and State of Victoria Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 August 2016
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:The Extract from the Register of Indigenous Land Use Agreements ('ILUA') describes the area subject to this ILUA, per schedule 1 of the agreement, as Crown allotment 2004, 'Parish of Koorool', being the whole of the land as described in title plan TP955072J.
State/Country:Victoria , Australia
The area is within the jurisdiction of Wellington Shire.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 August 2016. This is an authorised body corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: VI2016/001.
Subject Matter:Future Act | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=VI2016/001
Summary Information:

The agreement area covers approximately 908.5 sq metres and is located approximately 3.9 kms west of Valencia Creek next to the Avon River.

The Gunaikurnai Land and Waters Aboriginal Corporation, Peter D Howson and Thomas A Howson and State of Victoria Indigenous Land Use Agreement (ILUA) was agreed on 12 August 2016 under the provisions of the Native Title Act 1993 (Cth)between the following parties:

  • Gunaikurnai Land and Waters Aboriginal Corporation;
  • Peter D Howson and Thomas A Howson; and
  • The State of Victoria.

The purpose of the ILUA is to provide consent for extinguishment of native title rights and interests in the agreement area.

The Native Title Representative Body for this area is Native Title Services Victoria Ltd.

Detailed Information:

The agreement area covers about 908.5 square metres and is located approximately 3.9 kilometres west of Valencia Creek next to the Avon River. Schedule 1 describes the areas as Crown allotment 2004, 'Parish of Koorool', being the whole of the land as described in title plan TP955072J. See the attached schedule 2 for a map of the agreement area.

Commencement:

The ILUA commenced operating on the date it was signed by all parties.

Native Title Provisions:

The parties agree that the right to negotiation provisions of the Native Title Act 1993 (Cth) do not apply.

The parties agree that the surrender of native title rights and interests is intended to permanently extinguish those native title rights and interests. As such, the non-extinguishment principle does not apply.

The ILUA does have statements that reference subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth). This means, that the parties consent to the State granting a fee simple title in respect of the ILUA area to the Gunaikurnai Land and Waters Aboriginal Corporation. The Gunaikurnai Land and Waters Aboriginal Corporation, acting on behalf of the Gunaikurnai people, subsequently surrendered their native title rights and interests in the area on the 12 August 2016.

Native Title in the ILUA Area:

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Mullet on behalf of the Gunai/Kurnai People v State ofVictoria [2010] FCA 1144. (FCA File No.: VID6007/1998, NNTT File No.: VC97/4).


Related Entries

Agreement
  • Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144 (22 October 2010)
  • Organisation
  • National Native Title Tribunal
  • Wellington Shire Council
  • Native Title Services Victoria - DELETE
  • State of Victoria - Signatory
  • Gunaikurnai Land & Waters Aboriginal Corporation RNTBC - Signatory
  • First Nations Legal and Research Services (FNLRS)
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Peter David Howson - Signatory
  • Thomas A Howson - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for VI2016/001 as at 12 August 2016 (Gunaikurnai Land and Waters Aboriginal Corporation, Peter D Howson and Thomas A Howson and State of Victoria ILUA) - ( Thumbnail | PDF)

    Glossary

    Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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