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Djungan People and Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 July 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The ILUA area covers approximately 300 square kilometres of land and is located north of the Walsh River and extends about 40 kilometres west of Dimbulah in North Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29/01/2013, this is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/091
Subject Matter:Access | Compensation | Future Act | Land Use | Management / Administration | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Djungan_People_and_Ergon_Energy_ILUA_QI_2012_091.aspx
Summary Information:
The Djungan People and Ergon Energy Indigenous Land Use Agreement (ILUA) is a body corporate agreement between:
- Ergon Energy Corporation Limited (applicant);
- James Archer, George Archer, Walter Richards Snr, Kenneth Jackson, Lola Brown, Alfred Neal Snr, Percy Neal, Saul Burns Snr, Ernie Burns, Vincent Wason, Maxwell Underwood and Andrew Garrett on their own behalf and on behalf of the Djungan People #1 and #2; and
- Nguddaboolgan Native Title Aboriginal Corporation.

The purpose of this ILUA is to allow for the doing of certain future acts by Ergon Energy in the ILUA area.
Detailed Information:
Details of the Agreement

Commencement

The ILUA commences on the commencement date, that is, 4 July 2012.

Future Acts

The parties consent to the doing of any particular future act and any class of future act specified in this ILUA.

The parties to the ILUA consent to Ergon Energy conducting any of the following future acts:
- minor works (not defined in ILUA extract);
- access to the ILUA area in order to conduct minor works;
- use of land siting electricity infrastructure and any adjacent land required for operational use and maintenance of the infrastructure;
- access to the land mentioned above by way of access tracks in existence at the execution date;
- any future acts on Aboriginal land subject to the prior written consent of the entity holding the Aboriginal Land having been obtained; and
- subject to Cultural Heritage Management Processes, the grant of any easement, licence or permit over relevant electricity infrastructure.

Tenure or interest

The Native Title Party consents to the State of Queensland granting Ergon Energy any tenure or other interest over land within the ILUA area on which electricity infrastructure is located. However, this is without prejudice to any rights which the Native Title Party may have to compensation from the State of Queensland.

Right to Negotiate

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

Licences

Where the Native Title Party is legally entitled to do so, it grants Ergon Energy a non-exclusive licence to use all land on which any electricity infrastructure exists at the execution date. It also grants this licence to all land that is adjacent to the relevant electricity infrastructure which is necessary for the operation of of the infrastructure. The Native Title Party consents to the use of this land if it is necessary for the operation, use maintenance and repair of the electricity infrastructure.

Where this electricity infrastructure is powerlines or is located in airspace, the Native Title Party consents to and authorises Ergon Energy's use of an area of 10 metres on each side of the line on the ground falling beneath the relevant infrastructure for any purpose necessary or incidental to the operation, use, maintenance or repair of the infrastructure.

Unless Ergon Energy consents in writing, the Native Title Party will not:
- Grant an incompatible licence to a person other than to Ergon Energy over any land subject to a licence or a consent or authorisation. An incompatible licence means any licence for a purpose or a use which is wholly or partly inconsistent with Ergon Energy's existing or proposed use of the land.
- Provide incompatible consent or authorisation to a person other than Ergon Energy over any land subject to a licence or a consent or authorisation. Incompatible consent or authorisation means any consent or authorisation for a purpose or a use which is wholly or partly inconsistent with Ergon Energy's existing or proposed use of the land.
- Themselves, use for any incompatible purpose, over any land subject to a licence or a consent or authorisation.

Where Ergon Energy seeks to obtain an easement, permit or licence from any other person over land for the use of the electricity infrastructure, subject to compliance with Cultural Heritage Management Processes, the parties consent to and otherwise authorise the grant of those interests.

Access Tracks

Where Ergon Energy uses access tracks other than dedicated roads within the ILUA area which are in existence at the execution date, and this use is for the purpose of accessing the relevant electricity infrastructure, subject to Cultural Heritage Management Processes in this ILUA, the parties consent to and authorise Ergon Energy and its contractors to:
- use the access tracks for access purposes;
- maintain and repair the access tracks; and
- be granted an interest in the nature of an easement, permit or licence over the area covered by those access tracks.

Native Title Party's consent

The Native Title Party consents to and authorises Ergon Energy and its contractors to:
- access the ILUA area; and
- remain in the ILUA area for such time as is reasonably required or to perform any statutory duty or responsibility under any Act or Regulation.


Future Acts after Registration Date

The parties authorise and consent to the doing of any future act after the registration date in relation to any part of the ILUA area that is Aboriginal Land. However, this is subject to a condition that, at the time the future act is done, the entity holding the Aboriginal Land has given its written consent to the future act.

Native Title in the ILUA Area

Non-exclusive native title rights were recognised over approximately 53 square kilometers of land in Archer on behalf of the Djungan People #4 v State of Queensland [2012] FCA 801.

Related Entries

Agreement
  • Djungan Small Scale Miners Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Ergon Energy Corporation Limited - Signatory
  • Nguddaboolgan Native Title Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Djungan People
  • James Archer and others on behalf of the Djungan People #1 and #2 - Signatory

  • References

    General Reference
    National Native Title Tribunal (04/07/2031) Djungan People and Ergon Energy ILUA Extract

    Documents

    Document
    Djungan People and Ergon Energy ILUA Area Map and Description - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Aboriginal Corporation (Australia) | Public Company | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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