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Jirrbal People and Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date:||7 February 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Ravenshoe, Queensland, Australia|
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|The area covered by this Indigenous Land Use Agreement (ILUA) falls within the Determination Areas of native title in proceedings Jirrbal People #1 (QUD6001/03), Jirrbal People #2 (QUD41/04) and Jirrbal People #3 (QUD42/04). The ILUA area comprises about 983 square kilometres of land and waters west of Innisfail and Tully and south of Atherton in the state of Queensland. It is situated in the vicinity of Ravenshoe, and lies within the jurisdiction of the Cassowary Coast Regional Council and the Tablelands Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 February 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2010/031|
|Subject Matter:||Housing, Construction and Infrastructure | Land Use|
|This Indigenous Land Use Agreement (ILUA) was agreed between Ergon Energy Corporation Limited and Betty Cashmere and Gerald McKenzie on their own behalf and on behalf of the Jirrbal People. The purpose of this ILUA is to provide consent for the undertaking of a series of future acts by electricity retailer Ergon Energy with respect to its existing electricity infrastructure in the ILUA area.|
|Consent to future acts|
Pursuant to this ILUA, the Jirrbal People consent to the undertaking of any of the following future acts by Ergon Energy:
- certain minor works (defined in more detail below);
- access to the ILUA area for the purpose of all agreed future acts;
- use of all land on which electricity infrastructure is situated at the execution date of this ILUA, and the use of any adjacent land needed for the operational use and maintenance of this infrastructure;
- access to all land on which electricity infrastructure is situated at the execution date of this ILUA by way of access tracks that were already in existence at the execution date;
- any future acts on Aboriginal land for which the prior written consent of the entity holding the land (probably the Wabubadda Aboriginal Corporation) has been obtained; and
- the grant of any easement, license or permit over the electricity infrastructure (subject to Cultural Heritage Management Processes set out in this ILUA).
For the purposes of this ILUA, minor works include:
- tree lopping and clearing in the immediate vicinity of electricity infrastructure, or as required for either operational or public safety reasons;
- repairing any damaged electricity infrastructure;
- reinstating any damaged or destroyed electricity infrastructure to its pre-existing state;
- maintaining and inspecting electricity infrastructure;
- performing any statutory duties or responsibilities under any Act or regulation; and
- accessing the ILUA area at reasonable times for the purpose of undertaking any of the abovementioned minor works.
The Jirrbal People also give their consent to Ergon Energy's use of an area of 10 metres on each side of any powerline or other electricity infrastructure that is located in airspace for any purpose that is necessary or incidental to the use, operation, maintenance or repair of the relevant infrastructure.
Licenses, easements and permits
The Jirrbal People, where they can do so at law, agree to the grant of a non-exclusive license to Ergon Energy, allowing the use of all land on which any electricity infrastructure in existence at the execution date of this ILUA is located, as well as adjacent land that is necessary for the operation of the relevant infrastructure.
Aside from the grant of license provisions, the Jirrbal People also give their consent and authorisation to Ergon Energy's use of all land on which such existing electricity infrastructure is located, and all adjacent land that is necessary to the operation, use, maintenance and repair of this infrastructure.
Where Ergon Energy seeks to obtain an easement, permit or license over land for the use of the abovementioned electricity infrastructure, the Jirrbal People give their consent to the grant of those interests (subject to compliance with the Cultural Heritage Management Processes in this ILUA).
If Ergon Energy had acquired a right or interest in the ILUA area before the execution date of this ILUA by way of an agreement, license, easement, permit or statutory or contractual access arrangement, the Jirrbal People consent to the grant of these rights or interests, and agree that they are valid.
If Ergon Energy seeks to use tracks other than dedicated roads in the ILUA area (with these tracks already being in existence on the execution date of this ILUA) for the purposes of accessing its electricity infrastructure, the Jirrbal People authorise Ergon Energy and its contractors to:
- use the relevant access tracks for access purposes;
- maintain and repair the access tracks; and
- be granted an interest in the nature of an easement, permit or license over the area covered by these access tracks.
Right to negotiate provisions
The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to any of the future acts to which consent has been given under this ILUA.
Background to native title in the ILUA area
The area covered by this ILUA falls within the Determination Area of native title made in the proceedings Jirrbal People #1 (QUD6001/03), Jirrbal People #2 (QUD41/04) and Jirrbal People #3 (QUD42/04) via consent determination by the Federal Court of Australia. These proceedings recognised the Jirrbal People's native title rights over approximately 92,003 hectares of land and waters, including sections of the Malaan National Park and Tully Falls National Park. The Wabubadda Aboriginal Corporation was established as the Prescribed Body Corporate to manage the Jirrbal People's native title rights on their behalf.
This ILUA is one of four Indigenous Land Use Agreements entered into by the Jirrbal People in relation to these consent determinations. These ILUAs are intended to provide for the exercise of the parties' rights and interests at ground level. Links to the entries for these agreements on the ATNS database have been provided below.
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