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Porumalgal and Ergon Energy Electricity Indigenous Land Use Agreement (ILUA)
|Date:||7 November 2002|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Poruma (Coconut) Island, Torres Strait, Queensland, Australia|
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|The ILUA covers the area of the Poruma People native title claim Determination Area (National Native Title Tribunal file no.: QC96/81). The area is described on the extract from the Register of Indigenous Land Use Agreements as 'the land and inland waters of Poruma (Coconut) Island being Lot 6 on Plan TS 166 on the landward side of the high water mark' excluding '(a) Lot 7 on Plan TS 167; (b) Lot 8 on Plan TS 167; (c) The Roads [...]; (d) The land north-east of the Council office and abutting the Council compound on which the Telstra mast and equipment shelter are situated, including any adjacent land the use of which is or was necessary for, or incidental to, the construction, establishment or operation of the installation; (e) The land on which Ergon Energy Corporation power station is situated including any adjacent land the use of which is or was necessary for, or incidental to, the construction, establishment or operation of the installation being Lease P in SP127309; and (f) The Airstrip being Lot 37 on Plan TS 201.' This area is identified on a map attached to the determination order from the Federal Court - see also the map available via the Gallery link on this page. The ILUA is within the Poruma Island Council local government area and the Torres Strait Regional Authority ATSIC region.|
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal File No: QI01/69|
|Subject Matter:||Housing, Construction and Infrastructure | Cultural Heritage | Native Title | Future Act | Land Transaction | Land Use|
|The Porumalgal and Ergon Energy Electricity Indigenous Land Use Agreement (the ILUA) sets out parameters for operation and maintenance of existing electricity infrastructure in the area of the Poruma People's native title determination. The ILUA also sets out a process for validation of future works. The agreement is made between electricity providers Ergon Energy Corporation and the Poruma People native title holders, represented by their native title body corporate (NTBC) Porumalgal (Torres Strait Islander) Corporation. A determination that native title exists in the area of the Poruma People native title claim (National Native Title Tribunal file no.: QC96/81) was made in July 2000.|
The conditions for use of existing infrastructure is dealt with in two categories: Ground Based Electricity Infrastructure (GBEI) and Overhead Electricity Infrastructure (OEI). The NTBC will grant a licence to Ergon to use land adjacent to GBEI that is needed to operate it and will not grant any other licence inconsistent with that. The NTBC consents to all existing OEI remaining on the determination area and will grant a lease to Ergon to access the OEI to maintain and operate it. It will not grant any leases inconsistent with that.
Under the agreement, Ergon have unrestricted access to their infrastructure, on the condition that Ergon endeavours to take the most direct route of access so as to minimise 'interference' to the NTBC and to do so in a 'culturally appropriate' way.
The ILUA confirms that any future infrastructure falls within the definition of a 'future act' under the Native Title Act 1993 (Cth) (the NTA), which means the acts are invalid. The NTBC consents to these future acts and the ILUA sets out process to validate the acts, as follows:
-Ergon will provide a 'written description of the location, nature and extent of the future works and, if necessary, a plan for the future works' to notify the NTBC;
-The NTBC is able to comment on the proposal within two months;
-Ergon is to consult with NTBC if requested;
-Ergon agrees to 'seek to modify its plans so as to eliminate or minimise the impact of the future works on native title' if the consultation process establishes that native title rights and interests would be 'significantly affected by the proposed future works.' The ILUA also specifies that compensation for these future construction activities will dealt with by the provisions of section 24KA of the NTA - this section relates to facilities for services to the public.
For future works that can not be validated through this process, the parties will negotiate an ILUA for the specific matter. Ergon may use any other means of validation under the NTA if ILUA negotiations appear unlikely to succeed after two months.
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