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

Category: Agreement
Date: 22 January 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Georgetown. , Queensland. , Australia
The Agreement Area covers about 26,241 square kilometres in the vicinity of Georgetown. It is near the Etheridge River and is located in Far North Queensland. The area is the determination area as described in the Ewamian People #2 Application QUD6009/1999 dated 26 November 2013 and the Ewamian People #3 Application QUD6018/2001 dated 26 November 2013. The ILUA area is covered by the Etheridge and Mareeba Shire Councils.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 June 2014.
Legal Reference: National Native Title Tribunal File No.: QI2014/023
Subject Matter:Economic Development | Future Act | Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Ewamian_People_and_Ergon_Energy_ILUA_QI2014_023.aspx
Summary Information:
The Ewamian People and Ergon Energy Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Ergon Energy Corporation Limited (applicant);

- the Tatampi Puranga Aboriginal Corporation; and

- the Ewamian People.

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 17 June 2014. The Extract does not specify a start or end date, however the Agreement is said to commence on the commencement date which is 22 January 2014.

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 agreement area only covers those land and waters which are subject to native title
determination applications:

- QUD6009/99 Ewamian People #2 (QC1999/013) as accepted for registration on 9 July 2002; and

- QUD6018/01 Ewamian People #3 (QC2001/016) as accepted for registration on 27 June 2002.

The Ewamian People have registered two applications for a determination of native title with respect to land and waters in northern Queensland. These are described directly above. The first of these, the Ewamian People #2 claimant application, was filed with the Federal Court of Australia on 18 March 1999 as proceeding QUD 6009 of 1999. It covers land in the Georgetown area in northern Queensland. The second, the Ewamian People #3 claimant application, was filed on 30 April 2001 as proceeding QUD 6018 of 2001. This Ewamian People #3 claim is still ongoing and is not in mediation.

This is also not the first time that the Ewamian People have surrendered land. In 2004 the Ewamian People entered into the Ewamian-Etheride Townships ILUA for the purpose of surrendering native title over the townships of Einasleigh, Forsayth, Mount Surprise and Georgetown. In exchange, the agreement presented the Ewamian People with access to their traditional country through the establishment of three reserves. It also provided them with housing in Georgetown. It is unknown what, if any, benefits the Ewamian People are granted under this specific ILUA.

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
  • Ergon Energy Corporation Limited - Signatory
  • Tatampi Puranga Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Ewamian People - Signatory

  • Documents

    Map
    Ewamian People and Ergon Energy ILUA - Map 1 - ( PDF)
    Ewamian People and Ergon Energy ILUA - Map 2 - ( PDF)
    Ewamian People and Ergon Energy ILUA - Extract - ( PDF)
    Ewamian People and Ergon Energy ILUA - Minor Works - ( PDF)
    Ewamian People and Ergon Energy ILUA - Written Description - ( PDF)

    Glossary

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

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