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Kaurareg / Ergon Energy Electricity Indigenous Land Use Agreement (ILUA)
|Date:||9 May 2001|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Torres Strait, Queensland, Australia|
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|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|
|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.
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