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Explorers and Indigenous groups now have a faster, simpler process for reaching native title agreements that clear the way for exploration in Victoria.
Two template indigenous land use agreements (ILUAs) have been established by the Minerals Council of Australia (MCA) and native title claimant groups. The finalisation of these agreements is being celebrated in Bendigo today.
The MCA's Victorian branch and the Dja Dja Wurrung people developed an ILUA over 16,820 sq km in central Victoria. Another ILUA was developed between the MCA's Victorian branch and the Wamba Wamba, Barapa Barapa and Wadi Wadi peoples over 12,028 sq km in the Swan Hill area.
Both ILUAs set out standard terms and conditions that explorers seeking a tenement grant can choose to adopt, rather than enter into negotiations with traditional owners.
These terms and conditions include the payment of financial benefits to native title claimants, cultural heritage management procedures, the establishment of a liaison committee and requirements to keep the native title party informed of certain developments such as the lodgement of work plans.
If an exploration or mining company seeking a new exploration licence is happy to comply with the terms and conditions they can simply sign a deed of assumption that binds them to the terms of the ILUA.
The National Native Title Tribunal has registered both ILUAs, finalising the process, so they can now be carried out on the ground and used by other groups.
Tribunal President, Graeme Neate, said the groups reached these agreements before the claimants had settled their native title claim, demonstrating that native title needn't be a barrier to development or land use.
"Legally binding agreements can be negotiated long before native title claims are resolved," he said. "Business can continue while relationships are strengthened, without having to wait for a determination of native title."
He said that in developing these ILUAs the groups had the advantage of agreement-making tools and strong relationships that were established in 2004 when Native Title Services Victoria and the MCA's Victorian branch finalised nine pro-forma agreements to streamline exploration processes.
"This demonstrates the flow-on benefits of solid working relationships that provide the basis for groups to use existing agreement-making tools to further streamline the native title process.
"I congratulate the parties for developing template ILUAs that others can benefit from."
- ILUAs are voluntary, legally binding agreements about the use and management of land, made between Indigenous groups and others with interests in a particular area.
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