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Ewamian People - Forsayth Wind Farm Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 31 January 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Georgetown. , Queensland, Australia
The Agreement Area covers about 272 sq km approx 30 km south east of Georgetown in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 January 2014. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2013/076
Subject Matter:Economic Development | Housing, Construction and Infrastructure | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Ewamian_People_-_Forsayth_Wind_Farm_ILUA_QI2013_076.aspx
Summary Information:
The Ewamian People - Forsayth Wind Farm Indigenous Land Use Agreement (ILUA)was agreed between:

- Forsayth Wind Farm Pty Ltd; and

- Barry Fisher, Katie Georgetown, David Hudson, Noel Lacey and Ron Richards on their own behalf and on behalf of Ewamian People #3

on 31 January 2014.

The purpose of this Area Agreement is to provide consent to Agreed Acts, including the establishment and implementation of a construction Project in the Agreement Area. This construction project includes the construction, operation and maintenance of the Forsayth Wind Farm Project.
Detailed Information:
Details of the Agreement

Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 31 January 2014.

The Extract states the Start Date as 30 May 2013.

Expiry

The End Date of the Agreement is 30 May 2043. This means that the Agreement operates for 40 years from the Start Date of 30 May 2013. This End Date may be extended at election of Forsayth
Wind Farm Pty Ltd for an additional 5 years.

Native Title Provisions

The parties consent that Subdivision P, Division P, Part 2 of the Native Title Act (Cth) is not intended to apply to any Future Acts.

Agreed Acts

The parties to this Agreement consent to a number of Agreed Acts, subject to Forsayth Wind Farm Pty Ltd complying with the terms of the Agreement and the Ancillary Agreement.

The Agreed Acts are outlined in Clause 7 as:

(a)the granting and implementation of project rights to Forsayth Wind Farm Pty Ltd, including the creation, grant, registration or transfer of any project rights;

(b) the construction, operation and maintenance of the Forsayth Wind Farm Project. This does include all works necessray or incidental to the project and Public Works as defined in the Native Title Act 1993 (Cth);

(c) the creation, grant, registration or transfer of any project rights to Forsayth Wind Farm Pty Ltd; and

(d) the decommissioning of the Forsayth Wind Farm Project and the required rehabilitation.
within the ILUA Area.

'Forsayth Wind Farm Project'

The Project includes:

- a series of up to 35 wind turbine power generators in the Agreement Area;

- the interconnection of those turbines to an
electricity grid, including any electrical transmission lines, electrical transformers, electrical switch gear, data recording equipment, wind monitoring towers gravel pits and access tracks and viewing platform and any other associated equipment or infrastructure used by Forsayth Wind Farm Pty Ltd.

Ancillary Agreement

'Ancillary Agreement' means the agreement between Forsayth Wind Farm Pty Ltd and the Ewamian Peoples dated 31 May 2013.

The Extract does not provide any additional information regarding the Ancillary Agreement.

Native Title in the ILUA Area.

Barry Fisher, Katie Georgetown, David Hudson, Noel Lacey and Ron Richards on their own behalf and on behalf of Ewamian People #3 are native title claimants for the Ewamian People Native Title Claims: QUD6009/99 and QUD6018/01.

Related Entries

Agreement
  • Ewamian - Etheridge Shire Council (Charleston Dam Project) Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Forsayth Wind Farm Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Ewamian People
  • Katie Georgetown & others on behalf of the Ewamian People - Signatory
  • Ron Richards & Others on behalf of the Ewamian People - Signatory
  • Barry Fisher, David Hudson and Noel Lacey on their own behalf and on behalf of the Ewamian People [the registered native title claimant for the Ewamian People Native Title Claims: QUD6009/99 and QUD6018/01 - Signatory

  • Documents

    Map
    Ewamian People - Forsayth Wind Farm Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Ewamian People - Forsayth Wind Farm Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

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

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