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Yam Island - Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date:||24 May 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Torres Strait, Queensland, Australia|
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|The ILUA is located at Yam Island, in the Torres Strait. This area is governed by the Iama Island Council and the Torres Strait Regional Authority. The ILUA area covers all the land and waters on Yam Island up to the high water mark.|
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal File No.:QI2004/056|
|Subject Matter:||Future Act | Housing, Construction and Infrastructure | Land Use | Native Title | Recognition of Native Title or Traditional Ownership|
|The Yam Island - Ergon Energy Indigenous Land Use Agreement (the ILUA) sets the parameters for the operation and maintenance of existing electricity infrastructure in the area of the Iama and Tudulaig 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 Lui Ned David, Charles David, Silen David, Philomena David, Patrick Thaiday and Cyril Stephen on behalf of the Yam Islanders/Tudulaig native title holders, represented by their native title body corporate (NTBC) Magani Lagaugal (Torres Strait Islanders) Corporation. A determination that native title exists in the area of the Yam Islanders/Tudulaig People native title claim (National Native Title Tribunal file no.: QC02/15) was also made in May 2005. |
The Yam Island - Ergon Energy ILUA is one of five ILUAs signed to allow for the continued provision of electricity services in areas of the Torres Strait where native title has been recognised.
|Under the ILUA, the parties consent to the use of land that is under or immediately adjacent to Ground Based Electricity Infrastructure (GBEI). The land must be used for Ergon Energy purposes, and must be necessary for the operation of the GBEI. The parties consent to Ergon Energy being granted an interest (either an easement, permit or licence) over the area of the GBEI.|
The parties consent to the grant of a Trustee lease over the site of the power station, identified as Lease A on lot 13 on TS177 on SP149845.This consent extends to the giving of statutory approvals and consents to the Trustee lease, the registration of the Trustee lease, and activities carried out at the power station site in accordance with the Trustee lease.
The NTBC consents to all existing Overhead Electricity Infrastructure (OEI) remaining on the determination area and consents to Ergon Energy having access to the OEI. Maintenance, replacement and ongoing use are also permitted, as is the use of land ten metres either side of the overhead power lines. The parties have been granted an easement, permit or licence for this purpose.
Under the agreement, Ergon have unrestricted access through the ILUA area to their infrastructure. Duties that may be carried out include inspecting, operating, changing, maintaining, removing, repairing or replacing infrastructure. The clearing of vegetation that may interfere with infrastructure is also permitted.
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. However, the parties consent to future acts involving the operation, use, maintenance and repair of existing electricity infrastructure.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
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