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Ergon Energy and Tableland Yidinji People Indigneous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 December 2012
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Cairns, Queensland, Australia
The area subject to this agreement covers about 437 square kilometres and is located south west of Cairns extending south to Atherton and west to Walkamin.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 December 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/066
Subject Matter:Access | Future Act | Housing, Construction and Infrastructure | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD-RegisteredILUA-ErgonEnergyandTablelandYidinjiPeopleILUAQI2012066.aspx
Summary Information:
The Ergon Energy and Tableland Yidinji People Indigneous Land Use Agreement (ILUA)is an agreement between:
- Ergon Energy Corporation Limited; and
- Lloyd Stewart (aka Con Stewart), Evelyn (Dawn) Johnson, Catherine (Nola) Joseph and Peter Rosas on their own behalf and on behalf of the Tableland Yidinji People #3 (QUD208/04) and Tableland Yidinji People (QUD6030/99).

The purpose of the agreement is for the parties to give their consent to the doing of particular Future Acts.
Detailed Information:
Details of the Agreement

Commencement

While the Agreement commences on the Execution Date, the following provisions of the Agreement do not commence until the Registration Date, 13 December 2012:
(a) subclause 4.5;
(b) subclause 5.1 to 5.3, 5.9 and 5.10
(c) clause 6 to 10; and
(d) Schedules 2 and 6.

Parties consent

The Parties consent to the doing of any particular future act and any class of future acts
specified in this Agreement.

The Parties consent to Ergon Energy performing any of the following future acts:
(a) Minor Works;
(b) access to the Agreement Area for the purposes of such minor works;
(c) use of all land siting existing electricity infrastructure ("relevant Electricity Infrastructure") and of any adjacent land required for operational use and maintenance of relevant Electricity Infrastruture;
(d) access to all land referred to above by way of access tracks ("relevant access tracks")
(e) any future acts on Aboriginal land, subject to the prior written consent of the entity holding the Aboriginal Land; and
(f) subject to Cultural Heritage Management Processes stipulated in the Agreement, the grant of any easement, licence or permit over relevant Electricity Infrastructure.

'Minor works' are defined in Schedule 2 of the Agreement. The following future acts are Minor Works:
(a) tree lopping and tree clearing in the immediate vicinity of Electricity Infrastructure or required for the safe operation or use of the Electricity Infrastructure or for public safety in relation to the operations of the Electricity Infrastructure;
(b) repairing any damaged Electricity Infrastructure;
(c) reinstating any damaged or destroyed Electricity Infrastructure to the pre-existing extent;
(d) maintaining Electricity Infrastructure;
(e) inspecting Electricity Infrastructure;
(f) accessing the Agreement Area at reasonable times for the purpose of undertaking anything
in paragraphs (a) to (f);
(g) installation of street light poles and service/intermediate poles that are tied into the existing powerline system in urban areas/town precincts only.

The Parties agree that the right to negotiate contained in Part 2 Division 3 Subdivision P of the Native Title Act 1993 (Cth) does not apply to any future act, to which the Parties have consented, within this Agreement.

The Tableland Yidinji People 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 without prejudice to any rights which the Tableland Yidinji People as native title holders may have to compensation from the State of Queensland.

Where Ergon Energy has an existing right or interest in the Agreement Area under a way-leave agreement, easement, licence, permit, statutory or
contractual access arrangement, Act or Regulation, the Parties:
(a) consent to the exercise of those rights or interests;
(b) agree that those rights or interests are valid; and
(c) agree that, to the extent of any inconsistency, those rights or interests prevail over Native Title.

The parties authorise and consent to the doing of any future act after the Registration Date (other than the surrender of native title rights and interests) in relation to any part of the Agreement Area that is Aboriginal Land. This authorisation is subject to a condition that the entity holding the Aboriginal Land has given its written consent to the future act.

Native Title in the Agreement Area

The agreement area covers all the land and waters within the Tableland Yidinji People #1
and Tableland Yidinji People #3 Native Title Determinations. In these determinations the Federal Court of Australia recognised the native title rights and interests of the Tableland Yidinji People over approximately 437 square kilometres of land in the Cairns and Tablelands Regional Council areas.

Related Entries

Agreement
  • Johnson on behalf of the Tableland Yidinji People v State of Queensland [2012] FCA 1417
  • Organisation
  • Ergon Energy Corporation Limited - Signatory
  • Tableland Yidinji Aboriginal Corporation
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth) - Previous
  • People
  • Mr Lloyd Stewart (aka Con Stewart), Ms Evelyn (Dawn) Johnson and Mrs Catherine (Nola) Joseph on their own behalf and on behalf of the Tableland Yidinji People - Signatory

  • References

    General Reference
    National Native Title Tribunal (NNTT) Extract from the Register of Indigenous Land Use Agreements: Ergon Energy and Tableland Yidinji People

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | State Government

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