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

Category: Agreement
Date: 24 October 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Central Eastern Queensland., Queensland. , Australia
The Agreement Area is the determination area in the consent determination of McLennan on behalf of the Jangga People v State of Queensland [2012] FCA 1082 dated 9 October 2012. This area is also contained in Schedule 1 of the Agreement. The region is covered by Charters Towers, Isaac and Whitsunday Regional Councils.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 October 2013.
Legal Reference: National Native Title Tribunal File No.: QI2013/027
Subject Matter:Access | Economic Development | Future Act | Housing, Construction and Infrastructure | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Jangga_People_and_Ergon_Energy_ILUA_QI2013_027.aspx
Summary Information:
The Jangga People and Ergon Energy Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Ergon Energy Corporation Limited (applicant);

- Colin McLennan, James Gaston, Thomas Brown, Tyrone Tiers, Dorothy Hustler and Marie McLennan on their own behalf and on behalf of the Jangga People; and

- the Bulganunna Aboriginal Corporation.

The purpose of this Body Corporate Agreement is to provide for consent for particular 'future acts' that relate to the construction and maintenance of electricity infrastructure on the land covered by the ILUA.
Detailed Information:
Details of the Agreement

Commencement

The Agreement was registered with the National Native Title Tribunal (NNTT) on 24 October 2013. The Agreement is said to commence on the commencement date but the Extract does not specify a start or end date.

Agreement

The Agreement operates to provide the parties' consent to certain 'future acts' done by Ergon Energy. These 'future acts' are outlined in the Extract as follows:

a) Minor works, which are defined in Schedule 2 as:
- tree lopping and tree clearing in the area surrounding the infrastructure;
- repairing damaged infrastructure;
- replacing damaged or destroyed infrastructure;
- maintaining and inspecting infrastructure; and
- installation of electricity poles that are tied into the existing powerline system in urban areas/town precincts.

b) Access to the area in order to carry out these minor works;

c) Use of access tracks to access land where minor works are being carried out. Where these access tracks are not dedicated roads, consent is given to allow Ergon Energy to use and maintain these access tracks, as well as be granted an easement, permit or licence over them;

d) Any future acts on Aboriginal Land subject to the prior written consent of the parties having been obtained; and

e) Subject to Cultural Heritage Management Processes stipulated in the Agreement, the grant of any easement, licence or permit over relevant electricity infrastructure.

Native Title Provisions

Clause 20.2 refers to any future acts, except for the surrender of native title, done after 24 October 2013. The parties consent to future acts being done within the Agreement Area provided that written consent has been given.

Right to negotiate provisions do not apply

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.

Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

Background

Native Title in the ILUA Area

The Bulganunna Aboriginal Corporation administers land on trust for the Jangga people. In a consent determination on 9 October 2012, the Federal Court recognised the exclusive and non-exclusive native title rights of the Jangga People in an area spanning approximately 20,350 square kilometres in Central Queensland.

The claim was first filed in 1998 with an application for determination of native title lodged over an area west of Mackay, between the Leichhardt Range and the Great Dividing Range. This application was accepted for registration in 2000.

The Federal Court recognised the Jangga People's Native Title rights and interests over approximately 11,350 square kilometres of land in Central Queensland.

At the special Federal Court sitting at Glenden, Justice Rares congratulated the parties on achieving a 'mutually satisfactory result.'

Natural Resources and Mines Minister Andrew Cripps said today's decision reaffirmed the Jangga People's affinity with their traditional lands around Mount Coolon, Urella and Lake Dalrymple.

'This Native Title Consent Determination recognises the Jangga People's exclusive native title rights and non-exclusive rights to access, hunt, fish and gather within the determination area in accordance with their traditional laws and customs,' Mr Cripps said (The Honourable Minister Cripps, Media Release, 2012).

Jangga elder Col McLennan said the decision would greatly benefit his people.

"A lot of things are going to be bigger and better for the Jangga people and all the other traditional owners around the Jangga clan." (ABC News 2012)

The Determination Area includes 218 parcels of land comprising of reserves, national park, unallocated State land, pastoral holdings and lease land.

A number of Indigenous Land Use Agreements (ILUAs) have been entered into as a result of the determination. The ILUAs will establish how native title rights and interests will be exercised in the Determination Area, providing a framework for managing cultural heritage issues, future activities, and use and access arrangements.


Related Entries

Agreement
  • McLennan on behalf of the Jangga People v State of Queensland [2012] FCA 1082
  • Organisation
  • Bulganunna Aboriginal Corporation (PBC and RNTBC) - Signatory
  • Ergon Energy Corporation Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Electricity Act 1994 (Qld)
  • People
  • Colin McLennan and others on their own behalf and on behalf of the Jangga People - Signatory

  • References

    General Reference
    Brock Taylor, ABC News (Wed Oct 10, 2012 ) Jangga people celebrate native title win
    Media Release
    Minister for Natural Resources and Mines The Honourable Andrew Cripps (October 09, 2012) Jangga People’s native title rights recognised

    Documents

    Map
    Jangga People and Ergon Energy Indigenous Land Use Agreement (ILUA) - Map - ( PDF)
    Jangga People and Ergon Energy Indigenous Land Use Agreement (ILUA) - Extract - ( PDF)
    Jangga People and Ergon Energy Indigenous Land Use Agreement (ILUA) - Minor Works - ( PDF)
    Jangga People and Ergon Energy Indigenous Land Use Agreement (ILUA) - Written Description - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Future Act Determination (Native Title Act (1993) (Cth)) (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Body Corporate Agreement (Australia) | Native Title Determination (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) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Legislation | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Registers | Public Company

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