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Combined Dulabed & Malanbarra Yidinji & Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 August 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South of Gordonvale, Far North Queensland, Australia
This ILUA covers about 47.15 square kilometres of land and waters in Far North Queensland, south of Gordonvale and east of Yungaburra and Lake Tinaroo. This area falls within the jurisdiction of the Cairns Regional Council and the Tablelands Regional Council. It includes parts of Gadgarra Forest Reserve, Wooroonooran National Park and areas of unallocated state land near the upper reaches of the Mulgrave River. This area extends beyond the Determination Area of native title made in the proceeding QUD 6012 of 2001 by the Federal Court of Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 August 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2009/018
Subject Matter:Housing, Construction and Infrastructure | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2009/QI2009.018/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between Ergon Energy Corporation Limited (ABN 50 087 646 062) and Len Royee and others on their own behalf and on behalf of the Combined Dulabed and Malanbarra Yidinji People. The purpose of this ILUA is to provide consent for a range of "future acts" - acts that may have an impact on the native title rights and interests of the Combined Dulabed and Malanbarra Yidinji People.
Detailed Information:
Pursuant to this ILUA, the Combined Dulabed and Malanbarra Yidinji People consent to Ergon Energy performing any of the following future acts:

  • The carrying out of minor works within the ILUA area;

  • Accessing the ILUA area, and remaining in the area for such time as is reasonably required, for the carrying out of these minor works;

  • Use of all existing electricity infrastructure and all adjacent land that is required for the use and maintenance of this infrastructure;

  • Accessing this adjacent land by way of existing access tracks;

  • Carrying out any future acts in respect of which the prior written consent of the entity holding the Aboriginal land had been obtained;and

  • Granting any easement, license or permit over existing electricity infrastructure, subject to certain cultural heritage management processes.


  • For the purposes of this ILUA, the parties agree that "electricity infrastructure" means "works", including "operating works", under the Electricity Act 1994 (Qld).

    The parties also agree that "minor works" includes the following kinds of future acts:

  • Tree lopping and tree clearing in the immediate vicinity of electricity infrastructure, or as necessary for the safe operation of electricity infrastructure;

  • Repairing damaged or destroyed electricity infrastructure and restoring it to its pre-existing state - provided that this only requires access to the same area that was accessed during the initial construction of this infrastructure;and

  • Maintaining and inspecting electricity infrastructure.


  • Non-extinguishment principle

    The parties agree that the non-extinguishment principle under s 238 of the Native Title Act 1993 (Cth) applies to all future acts covered by this ILUA. This principle provides that a future act that would otherwise extinguish native title over the ILUA area will not have that effect, but will instead suspend native title rights for the duration of the act.

    Right to negotiate provisions

    The parties also agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) do not apply to any "future acts" consented to under this ILUA.

    Background to native title in the ILUA area

    Part of the ILUA area is covered by the determination of native title made in the proceeding QUD 6012 of 2001 by the Federal Court of Australia on 17 December 2009. This proceeding was the 84th consent determination to be made in Australia, and involved recognition of the Combined Dulabed Malanbarra Yidinji Peoples' native title rights over 16,460ha of land and waters in Far North Queensland. ILUA signatory Ergon Energy was one of the respondents to this proceeding.

    In this proceeding, the Combined Dulabed Malanbarra Yidingi Peoples were recognised as having exclusive native title rights over one third of their claimed area, which consisted of unallocated state land. They were also recognised as having non-exclusive rights over 9,920ha of reserves and national parks, where they were entitled to perform cultural activities, hunt, fish and gather, camp on, traverse and access the land, and take and use its resources, including water, for personal and domestic (but not commercial) purposes. These non-exclusive rights were to be exercised alongside the rights of other parties.

    This consent determination does not take final effect until four Indigenous Land Use Agreements (ILUAs) that have been negotiated by the parties with respect to the ILUA area are registered. This ILUA is one of these agreements.

    Related Entries

    Agreement
  • Combined Dulabed Malanbarra Yidinji People v State of Queensland [2009] FCA 1498 (17 December 2009)
  • Cairns Regional Council - Combined Dulabed & Malanbarra Yidinji - Goldsborough Valley Indigenous Land Use Agreement (ILUA)
  • Combined Dulabed & Malanbarra Yidinji - Tablelands Regional Council Area Indigenous Land Use Agreement (ILUA)
  • Wooroonooran Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Ergon Energy Corporation Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Len Royee and others on their own behalf and on behalf of the Combined Dulabed and Malanbarra Yidinji People - Signatory
  • Dulabed and Malanbarra Yidinji People

  • References

    General Reference
    National Native Title Tribunal (10 August 2010) Extract from the Register of Indigenous Land Use Agreements - Combined Dulabed & Malanbarra Yidinji & Ergon Energy ILUA
    Article
    Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) (2009) Recent Cases: Combined Dulabed Malanbarra Yidinji People v State of Queensland [2009] FCA 1498
    Fact Sheet
    National Native Title Tribunal (17 December 2009) Backgrounder: Combined Dulabed and Malanbarra Yidinji Native Title Determination
    Case Law
    Federal Court of Australia (17 December 2009) Combined Dulabed Malanbarra Yidinji People v State of Queensland [2009] FCA 1498 (17 December 2009)
    Media Release
    National Native Title Tribunal (17 December 2009) Native title success for Dulabed and Malanbarra Yidinji
    Publication
    National Native Title Tribunal (February 2010) Combined Dulabed Malanbarra Yidinji Determination

    Documents

    Map
    Combined Dulabed & Malanbarra Yidinji & Ergon Energy Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Non-Extinguishment Principle

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