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Mineral and Petroleum Tenements and the Native Title Act 1993 (Commonwealth) & Traditional Owners Settlement Act 2010 (Victoria)

The Native Title Act recognises the rights of and interests in the land by indigenous people. It accepts that Crown land is potentially subject to native title. The requirements of the Native Title Act 1993 must be complied with prior to issuing mineral, petroleum and pipeline tenements on Crown land.

The attached documents provide information about native title and procedures under the Native Title Act 1993, and how these apply to the processing of mineral and petroleum tenements in Victoria.

For inquiries regarding tenements please contact the relevant Tenements Officer. For general information regarding native title, please contact:

James O'Callaghan, Native Title Coordinator
Ph: (03) 5336 6645
James.o'callaghan@ecodev.vic.gov.au

Mineral tenements and the Native Title Act 1993

Regional Indigenous Land Use Agreement (ILUA) for exploration.

The Department of Economic Development, Jobs, Transport and Resources (DEDJTR) has been advised by Native Title Services Victoria (NTSV) and the Minerals Council of Australia, Victorian Division (MCA) of the registration of Regional ILUAs over specific areas of North West Victoria.

The Regional ILUAs currently in force1 are between the Wamba Wamba Barapa Barapa and Wadi Wadi People and the MCA. The Regional ILUAs are for exploration only and provide explorers with an option to satisfy the future act provisions under the Native Title Act 1993.

Further information on the Regional ILUAs can be obtained from the MCA Website.
 
Regional Indigenous Land Use Agreement (ILUA) for Gypsum exploration and/or mining between the Wamba Wamba, Barapa Barapa and Wadi Wadi Peoples Native Title Claim Group and the Natural Gypsum Mining Association of Victoria Inc:

DEDJTR has been advised by Native Title Services Victoria (NTSV) and the Natural Gypsum Mining Association of Victoria Inc (NGMA) of the registration of a Regional ILUA for Gypsum exploration and mining, negotiated between the Wamba Wamba, Barapa Barapa and Wadi Wadi People and the NGMA.

The Regional ILUA is for exploration and/or mining on an exploration licence or a mining licence, and provides Gypsum miners with an option to satisfy the future act provisions under the Native Title Act 1993. Further information on the Regional ILUA can be obtained from the NGMA or the NTSV.

Mineral tenements and the Traditional Owners Settlement Act 2010

Dja Dja Wurrung Land Use Activity Agreement
The Victorian Government and the Dja Dja Wurrung Clans Aboriginal Corporation (DDWCAC) (on behalf of the Dja Dja Wurrung traditional owner group) have entered into a 'Recognition and Settlement Agreement' which formally recognises the Dja Dja Wurrung people as the traditional owners for part of Central Victoria.

The agreement commenced on 24 October 2013 and is the first comprehensive settlement under the Victorian Traditional Owner Settlement Act 2010.

Further details outlining the details pertaining to the DDW Land Use Activity Agreement can be found on the Department of Justice and Regulation website.

Please note that DEDJTR will not grant a mineral licence or a petroleum tenement on Crown land that may be subject to native title or a claim for native title until the future act provisions under the Native Title Act 1993 or the procedural requirements under the Traditional Owners Settlement Act 2010, have been satisfied.

Further, proponents and licensees should be aware of the provisions of the Aboriginal Heritage Act 2006. Should you require further information about that Act please contact the Office of Aboriginal Affairs Victoria.

1Please note that the Regional ILUA between the Dja Dja Wurrung People (DDW) and the MCA is no longer available for new applicants to sign onto, via a Deed of Assumption, following the implementation of the DDW Land Use Activity Agreement, effective from 24 October 2013. See 'Mineral tenements and the Traditional Owners Settlement Act 2010'.