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Kaurareg / Ergon Energy Electricity Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 9 May 2001
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Torres Strait, Queensland, Australia
The area covered by the ILUA is the area above the high water mark on: Ngurupai (Horn Island); Murulag (Prince of Wales Island); Zuna (Entrance Island); Damaralag (Dumuralug Islet); Mipa (Pipa Islet and also known as Turtle Island); Tarilag (Packe Island); and Yeta (Port Lihou Island).
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: QIA2000/01
Subject Matter:Future Act | Housing, Construction and Infrastructure | Native Title | Recognition of Native Title or Traditional Ownership
Summary Information:
The Kaurareg People and Ergon Energy Indigenous Land Use Agreement allows Ergon to conduct future work on existing electricity infrastructure in the area of the determination of native title on Ngurupai (Horn Island); Murulag (Prince of Wales Island); Zuna (Entrance Island); Damaralag (Dumuralug Islet); Mipa (Pipa or Turtle Islet); Tarilag (Packe Island); and Yeta (Port Lihou Island) in the Torres Strait. The determination that native title exists in the area of the Kaurareg People's native title claims was made by the Federal Court on 23 May 2001.

In the agreement:
- Ergon recognised the Kaurareg People as the native title holders of the area;
- The Kaurareg People agreed to assist Ergon Energy in complying with its obligations as an electricity entity under the Electricity Act 1993 (QLD) by providing for the continuation of all aspects of Ergon Energy's operations in the area;
- It was agreed that the existing infrastructure that Ergon has on the islands is protected and can be accessed by Ergon; and
- There is a process that Ergon may be required to follow if they wish to build new infrastructure on the area.

Under the agreement, consent is given for an occupancy interest to be created and for any 'approved future acts' to be done, as defined under the Native Title Act 1993 (Cth) (the NTA), over the area of existing Ergon sites on the islands. Consent is also given for Ergon to access their sites for minor works such as tree-lopping, inspections, maintenance, repairs and work in emergency situations.

The ILUA specifies the way in which any of the future acts are to be done. Ergon is to:
-Give notice to the native title party prior to the work 'if reasonably practicable or required by law';
-Use its 'best endeavors' to avoid 'interference or damage' to the area and rehabilitate any damaged area as quickly as possible;
-Avoid 'interference with the privacy of the native title holders'; and
'perform all works to the standard of skill and safety of a reasonably competent electricity entity under the Electricity Act 1994 (Qld)'. (National Native Title Tribunal extract from the Register of Indigenous Land Use Agreements for QIA2000/010).

The ILUA states explicitly that consent is not given to access or conduct work in any dwellings in the area.

Related Entries

Agreement
  • Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6023 - Requirement
  • Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6024 - Requirement
  • Organisation
  • Ergon Energy Corporation Limited - Signatory
  • National Native Title Tribunal
  • Cape York Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Kaurareg People
  • Mr Billy Wasaga - Signatory

  • References

    Book
    National Native Title Tribunal (2001) The Kaurareg People's Native Title Determinations: Questions and Answers
    Resource
    National Native Title Tribunal National Native Title Tribunal website
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Kaurareg / Ergon Energy Electricity Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

    Native Title (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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