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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)

Category: Agreement
Date: 15 July 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cape Upstart National Park , Queensland, Australia
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
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Juru_(Cape_Upstart)_People_and_Ergon_Energy_QI2011_042.aspx
Summary Information:
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.
Detailed Information:
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
located

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.




Related Entries

Agreement
  • Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 (26 July 2011)
  • Organisation
  • Ergon Energy Corporation Limited - Signatory
  • National Native Title Tribunal
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Juru People - Signatory

  • References

    General Reference
    National Native Title Tribunal (2011) Registered ILUA - Juru (Cape Upstart) People (formerly known as the Birri Gubba (Cape Upstart) People) and Ergon Energy QI2011/042
    National Native Title Tribunal (2011) Native title determination summary - Juru (Cape Upstart) People
    Media Release
    Finance, Natural Resources and The Arts, The Honourable Rachel Nolan (July 26, 2011) Juru People’s native title rights recognised

    Documents

    Map
    Juru (Cape Upstart) People (formerly known as the Birri Gubba (Cape Upstart) People) and Ergon Energy Indigenous Land Use Agreement - ( PDF | Image)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Native Title Determination (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | National Park | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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