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Mandingalbay Yidinji People and Ergon Energy Corporation Limited Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 18 May 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cairns City Council local government region, Queensland, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:

An area of 41.7075 km2 consisting of all of the land and water described in the following table to the High-Water Mark. Part Lot 111 on plan NR7962 (Giangurra Reserve) West of a line drawn between:
Longitude (East) Latitude (South)
145.809107 16.912979
145.810530 16.908428
  • Lot 36 on Plan AP7416 (formerly part of Lot 36 on Plan USL9876)
  • Part Lot 34 on Plan USL9876 northwest of a line drawn between:
    Longitude (East) Latitude (South)
    145.796711 16.952344
    145.798048 16.948160
  • Lot 16 on Plan USL9897
  • Part Lot 933 on Plan AP6360 (formerly Part Lot 933 on plan FTY934)m north of a line drawn between:
    Longitude (East) Latitude (South)
    145.868423 17.109973
    145.895495 17.101361
    excluding Part Historical Lot 248 on Plan C157359
    Lot 1391 on Plan NPW373 (Grey Peaks National Park), excluding Part Historical Lot 118 on Plan NR3093
  • Legal Status: Registered with the National Native Title Tribunal
    Legal Reference: National Native Title File No.: QI2004/025
    Subject Matter:Native Title | Future Act | Land Use
    Summary Information:
    The Mandingalbay Yidinji People and Ergon Energy Corporation Ltd Indigenous Land Use Agreement (ILUA) was made between electricity providers Ergon Energy Corporation and the Mandingalbay Yidinji Aboriginal Corporation, Vincent Mark Mundraby and Alfred Switson Mundraby on 18 May 2006.

    The ILUA sets out the parameters for the operation and maintenance of existing electricity infrastructure in the area of the Mandingalbay Yidinji Peoples' native title claim. The ILUA also sets out a process for validation of future works.

    Since the ILUA was negotiated, the Federal Court of Australia made a consent determination on 24 April 2006 recognising the Mandingalbay Yidinji People's native title rights in sections of Grey Peaks National Park, Malbon Thompson Forest Reserve, Giangurra Reserve and in certain lots adjacent to Trinity Inlet and Red Bank Creek near Cairns in far north Queensland.
    Detailed Information:
    The ILUA provides for consent to the doing of future acts including:

    - minor works and maintenance of electricity infrastructure and access to the ILUA area for the purposes of those activities;

    - use of all land siting electricity infrastructure in existence at the execution date and of any adjacent land required for operational use and maintenance of relevant electricity infrastructure, and access to all such land by way of access tracks in existence at the execution date; and

    - subject to Cultural Heritage Management processes stipulated in the ILUA, the grant of any easement, license or permit over relevant Electricity Infrastructure or relevant access tracks.



    'Electricity Infrastructure' means 'Works' as defined in Section 12(1) of the Electricity Act 1994 and includes 'Operating Works' as defined in Section 12(3) of that Act.



    The ILUA provides that the Native Title Holders consent to the State of Queensland granting Ergon Energy tenure or other interests over land within the ILUA Area on which Electricity Infrastructure is located without prejudice to any rights which the Native Title Holders may have to compensation from the State of Queensland.



    Where Electricity Infrastructure is located in airspace, the parties consent to and authorise Ergon Energy's use of an area of 10 metres on each side of the line on the ground falling beneath the relevant Electricity Infrastructure for any purpose necessary or incidental to the operation, use, maintenance or repair of the relevant Electricity Infrastructure.



    The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

    Related Entries

    Agreement
  • Mundraby v State of Queensland [2006] FCA 436
  • Organisation
  • National Native Title Tribunal
  • Ergon Energy Corporation Limited - Signatory
  • Mandingalbay Yidinji Aboriginal Corporation - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Vincent Mark Mundraby and Alfred Switson Mundraby - Signatory
  • Mandingalbay Yidinji People

  • Documents

    Map
    Mandingalbay Yidinji People and Ergon Energy Corporation Limited Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    Glossary

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

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