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Juru (Cape Upstart) People (formerly known as the Birri Gubba (Cape Upstart) People) and Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date:||15 July 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Cape Upstart National Park , Queensland, Australia|
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|The area subject to this agreement covers about 85 square kilometres over Cape Upstart National Park, approximately 40 kilometers northwest of Bowen in North Queensland, 200km south of Townsville.|
|Legal Status:||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 15 July 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||Tribunal file no: QI2011/042|
|Subject Matter:||Housing, Construction and Infrastructure | Land Use|
|The Juru (Cape Upstart) People (formerly known as the Birri Gubba (Cape Upstart) People) and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement entered into by:|
- Ergon Energy Corporation Limited; and
- Margaret Smallwood, Jeffrey Lenoy, Carol Prior- Patterson and Renarta Prior on their own behal and on behalf of the Juru (Cape Upstart) People (QUD6249/98).
The purpose of the agreement is to allow Ergon Energy Corporation Ltd access to the area and to perform a number of future acts.
|Details of the agreement|
The only information released by the National Native Title Tribunal relates to Future Acts. The parties to the agreement consent to the doing of any particular future act and any class of future acts that are specified in the agreement.
This includes consent to Ergon Energy performing any of the following acts:
- Minor works;
- Access to the Agreement Area for the purposes of performing minor works;
- Use of and access to all land-siting-electricity infrastructure in existence at the execution date (15 July 2011) and of any adjacent land required for operational use and maintenance of relevant Electricity Infrastructure;
- Any future acts on Aboriginal land subject to the prior written consent of the entity holding the land having been obtained; and
- Subject to Cultural Heritage Management Plan Processes stipulated in the Agreement, the
grant of any easement, licence or permit over relevant Electricity Infrastructure.
Further the parties consent to the doing of any future act after the registration date (15 July 2011).
The Juru people also consent to the State of Queensland granting Ergon Energy any tenure or other interest over land within the Agreement Area on which Electricity Infrastructure is
Background to the ILUA
A native title application was lodged in 1997 by the Juru people for recognition of native title rights and interests over the land and waters in the area of Cape Upstart. The application was accepted for registration in 1999 pursuant to s 66 of the Native Title Act 1993 (Cth). In 2011, the Federal Court of Australia handed down a consent determination recognising the native title rights of the Juru people over Cape Upstart National Park.
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