Back to search results

printable versionPrint this page

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

Category: Agreement
Date: 24 April 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Charters Towers. , Queensland, Australia
The Agreement Area covers about 20170 sq km north and west of Charters Towers in the State of Queensland. The agreement area covers all land and waters the subject of native title determination applications: ‐ QUD80/2005 Gudjala People (QC2005/006) as accepted for registration on 22nd April 2005. ‐ QUD147/2006 Gudjala People #2 (QC2006/008) as accepted for registration on 30th June 2010.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 April 2014. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2013/082
Subject Matter:Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Gudjala_People_and_Ergon_Energy_ILUA_QI2013_082.aspx
Summary Information:
The Gudjala People and Ergon Energy Indigenous Land Use Agreement (ILUA) was agreed between:

- Ergon Energy Corporation Limited;

- Andrew (Smokey) Anderson, Christine Hero, Elizabeth Dodd, Priscilla Michelle Huen and Gloria Santo on their own behalf and on behalf of the Gudjala People and Gudjala People #2; and

- Ngrragoonda Aboriginal Corporation RNTBC

on 24 April 2014.

The purpose of this Area Agreement is to provide consent to the doing of certain future acts, including minor works, in the Agreement Area.

Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 24 April 2014.

The Extract notes the start date of the Agreement as 1 November 2013.

Clause 3.1 of the Agreement provides that the Agreement commences on the date of execution. The Extract does not note the date of execution.

However, certain clauses of the Agreement do not commence until registration, being 24 April 2014. These provisions include:

(a) subclause 4.5;
(b) subclauses 5.1 to 5.3, 5.10 and 5.11;
(c) clauses 6 to 10; and
(d) Schedules 2 and 6.

The Extract notes that if the Agreement is removed from the Register, pursuant to subclause 27.3, subclause 3.2 of the Agreement will nonetheless remain in force.

Native Title Provisions

As noted above, the purpose of this Agreement is to provide consent by the native title holders to Ergon Energy to undertake certain future acts within the Agreement Area. Clause 5.1 of the Agreement enshrines this consent.

The parties consent to the doing of the following future acts:

(a) Minor Works;
(b) access to the Agreement Area for varying purposes;
(c) use of all land siting electricity infrastructure in existence at the execution date;
(e) any future acts on Aboriginal land subject to the prior written consent of the entity holding the Aboriginal Land having been obtained; and
(f) subject to Cultural Heritage Management Processes stipulated in the Agreement, the grant of any easement, licence or permit over relevant Electricity Infrastructure.

In addition, the native title party consents to the State of Queensland granting Ergon Energy any tenure or interest over land in the Agreement Area on which Electricity Infrastructure is
located without prejudice to any rights which the Native Title Party may have to compensation
from the State of Queensland.

Similarly, under Clause 7.1, the native title party grants a non-exclusive licence to use all land on which any Electricity Infrastructure existing at the Execution Date is located and all land adjacent to the relevant Electricity Infrastructure which is necessary for the operation of the relevant Electricity
Infrastructure.

Per Clause 5.11 of the Agreement, Part 2, Division 3, Subdivision P of the Native Title Act, the right to negotiate, is not intended to apply to any future act to which the parties have consented.

Native Title in the ILUA Area.

The decision of the Federal Court of Australia on 18 March 2014, Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 3) [2014] FCA 231, determined that native title is partially determined in favour of the Gudjala people in the Agreement Area.

The Agreement Area covers all land and waters the subject of native title determination
applications:

‐ QUD80/2005 Gudjala People (QC2005/006) as accepted for registration on 22nd April 2005.

‐ QUD147/2006 Gudjala People #2 (QC2006/008) as accepted for registration on 30th June 2010.

Related Entries

Organisation
  • Ergon Energy Corporation Limited - Signatory
  • Ngrragoonda Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Andrew (Smokey) Anderson on his own behalf and on behalf of the Gudjala People QUD80/05 and Gudjala People #2 QUD147/06 - Signatory

  • Documents

    Map
    Gudjala People and Ergon Energy ILUA Map of Agreement Area - ( PDF)
    Gudjala People and Ergon Energy ILUA Extract - ( PDF)
    Gudjala People and Ergon Energy ILUA Minor Works - ( PDF)
    Gudjala People and Ergon Energy ILUA Written Description - ( PDF)
    Ngrragoonda Aboriginal Corporation Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Applications/Claims (Australia) | Native Title Registers | Native Title Determination (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | National Native Title Tribunal (NNTT) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey