Goulburn Valley Water are providing the below information to make Consultants aware that certain acts on Crown Land inside the Taungurung Recognition & Settlement Agreement Area may not be able to proceed or may require additional consideration and negotiation.
The below is not legal advice and is for information sharing purposes only. Consultants should seek their own independent legal advice on how the LUAA will impact upon current and proposed subdivisions where Crown Land is impacted by proposed works.
Taungurung Indigenous Land Use Agreement (ILUA) De-registration
The Indigenous Land Use Agreement (ILUA) between the Taungurung Land & Waters Council and the State of Victoria has been deregistered by the Registrar of the National Native Title Tribunal after a Federal Court decision on 9 February 2021.
Consultants should be aware that certain acts on Crown Land inside the Taungurung Recognition & Settlement Agreement Area may not be able to proceed in the interim period.
Goulburn Valley Water advise Consultants to obtain independent legal advice on the impacts of the deregistration of the ILUA if any water or sewer works on behalf of Goulburn Valley Water are to be completed on Crown Land in the Taungurung Recognition & Settlement Agreement Area.
Land Use Activity Agreement (LUAA)
The Land Use Activity Agreement (LUAA) is part of a broader settlement package called the Recognition and Settlement Agreement (RSA) between the Taungurung Land and Waters Council and the State of Victoria.
The LUAA gives procedural rights to the Taungurung people regarding proposed activities on public land (also known as Crown land). The greater the impact of those activities on Traditional Owner rights, the higher the level of procedural rights under the LUAA.
The LUAA replaces the Future Act provisions of the Native Title Act 1993 (Cth) that would otherwise apply. It seeks to provide a simpler and more streamlined approach. Like other parts of the settlement agreement, the LUAA is based on the Traditional Owner Settlement Act 2010. Under this Act, proposed activities on public land must comply with the LUAA.
That Act, together with the LUAA, sets out the processes that managers of public land must follow before dealing with public land, or carrying out works on it. Those land managers include departments, statutory authorities, local governments, and committees of management.
Consultants should seek their own independent legal advice on how the LUAA will impact upon current and proposed subdivisions.
Notify Goulburn Valley Water
Goulburn Valley Water requests that Consultants review current and proposed subdivision applications and advise Goulburn Valley Water if any water or sewer works on behalf of Goulburn Valley Water will be taking place on Crown Land in the Taungurung Recognition & Settlement Agreement Area.
Further Information
https://www.justice.vic.gov.au/overview-TaungurungLUAA
Taungurung RSA Map
Please contact our Legal and Property Advisor, Kirk Dalziell mail@gvwater.vic.gov.au for any further information.