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Gariwerd Non-Extinguishment Principle Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 June 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Grampians National Park

State/Country:Victoria, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA as about 1708 sq km of the Grampians National Park and adjacent areas. Schedule 1 of the ILUA, further identifies the area as the land and waters described in Schedule B and C to the native title application Violet Clark & Ors v State of Victoria (VID533/2016). See the map in Schedule 1 attached below under documents. The area is within the jurisdiction of the Ararat Rural City, Horsham Rural City, Southern Grampians Council and Northern Grampians Shire Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 3 December 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: NNTT file no.: VI2018/001.
Subject Matter:Future Act | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=VI2018/001
Summary Information:

The Gariwerd Non-Extinguishment Principle Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the State of Victoria and Violet Clark and others on behalf of the Gariwerd people.

The purpose of the agreement is to provide consent for the State to carry out public works the ILUA area.

The Native Title Representative Body for this area is First National Legal & Research Services Ltd.

Detailed Information:

Commencement

This ILUA is binding from 20 June 2018.

Termination

If not already terminated by the parties, it will terminate if removed from the Register of Indigenous Land Use Agreements.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the acts agreed to under this ILUA.

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised by this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future Acts Provisions

The parties agree to the State doing any acts which consist of the construction or establishment of a public work in the ILUA area done after 20 June 2018. This includes whether the acts were done before or after the date of the ILUA's registration on 3 December 2018.

Native Title in the Agreement Area

This ILUA is located within the native title determination application Violet Clark & Ors on behalf of the Gareiwerd Native Title Claim Group v State of Victoria (FCA file no.: VID533/2016). This application was dismissed on 18 June 2019. On 19 June 2019 the application was removed from the Register of Native Title Claims.


Related Entries

Organisation
  • State of Victoria - Signatory
  • National Native Title Tribunal
  • Ararat Rural City Council
  • Horsham Rural City Council
  • Southern Grampians Shire Council
  • Northern Grampians Shire
  • 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
  • Violet Clark & others on their own behalf and on the behalf of the Gariwerd People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for VI2018/001 as at 3/12/2018 (Gariwerd Non-Extinguishment Principle ILUA). - ( Thumbnail | PDF)

    Glossary

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

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