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

Category: Agreement
Date: 28 July 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Home Hill , Queensland, Australia
The Agremeent Area covers about 5386 sq km extending from approximately 2.4 km north of Home Hill to approximately 10.7 km east of Bowen. This area is within both the Burdekin Shire Council and the Whitsunday Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 July 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/010
Subject Matter:Future Act | Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/010
Summary Information:
The Juru People and Ergon Energy Indigenous Land Use Agreement (ILUA) is an Area Agreement entered into by:

- Ergon Energy Corporation Limited; and

- Ray Gaston, Andrew Morrell, Lenora Aldridge, Margaret Smallwood,Tracey Lampton, Loretta Prior, and Janet Lymburner, for and on behalf of the Juru People;

- Juru Enterprises Limited; and

- Kyburra Munda Yalga Aboriginal Corporation

on 28 July 2014.

The purpose of the Agreement is to allow Ergon Energy Corporation Ltd access to the Agreement Area to perform a number acts, including Future Acts, relating to the development of electricity infrastructure.
Detailed Information:
Details of the agreement

Commencement

The Extract notes that the Agreement commences operative effeect from the Execution Date. The Extract does not define the "Execution Date".

Notably, the Extract outlines Clause 3.2 of the Agreement as an exception to the general commencement date. This Clause provides that certain provisions of the Agreement do not commence until the Registration Date, being 28 July 2014. This provisions include:

(a) "subclause 4.5;
(b) subclauses 17.1 to 17.3, 17.7 and 17.8;
(c) clauses 18 to 22; and
(d) Schedules 2 and 3."

Moreover, the Extract notes Clause 3.3 of the Agreement. This Clause stipulates that, if, after 28 July 2014 the Agreement is removed from the Register of Indigenous Land Use Agreements, where permitted by Law, the terms of the Agreement will remain in force.

Native Title Provisions

The parties to the Agreement consent to the doing of any particular Future Act, or any class of Future Act, specified in the Agreement.

This includes consent to Ergon Energy performing any of the following acts:

(a) "Minor Works;
(b) access to the Agreement Area for the purposes of minor works
(c) use of all land siting electricity infrastructure in existence at the Execution Date and of any adjacent land required for operational use and maintenance of relevant Electricity Infrastructure;
(d) access to all land referred to in the above point by way of access tracks 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;
(f) subject to Cultural Heritage Management Processes stipulated in the Agreement, the grant of any easement, licence or permit over relevant Electricity Infrastructure."

Further, the parties agree the Right to Negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply as the alternative consultation provisions are to be followed instead.

Proposed Minor Works

As noted above, the Parties consent and authorise Ergon Energy and its Contractors to undertake Minor Works within the Agreement Area.

Those acts falling within the definition of "Minor Works" may include:

- tree lopping;
- repair of electricity infrastructure;
- maintenance, inspection and assessment of electricty infrastrucutre; and
- installatation of street light poles.

Electricity Infrastructure

The Native Title party grants Ergon Energy 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.

Clause 20.2 states that, "despite subclause 20.1, the Native Title Party consents to and authorises Ergon Energy's use of all land on which Electricity Infrastructure existing at the Execution Date is located and all land adjacent to any of the relevant Electricity
Infrastructure which is necessary for the operation, use, maintenance and repair of the relevant Electricity Infrastructure.

Where the Electricity Infrastructure is powerlines, or other Electricity Infrastructure 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 Electricity Infrastructure for any purpose necessary or incidental to the operation, use, maintenance or repair of the relevant Electricity Infrastructure.

Under Clause 20.6, where Ergon Energy seeks to obtain an easement, permit or licence from any other person, over land for the use of Electricity Infrastructure, the Parties consent to and otherwise authorise the grant of those interests.

The use of access tracks existing at the Execution Date by Ergon Energy for the purpose of accessing the relevant Electricity Infrastructure, subject to Cultural
Heritage Management Processes in the Agreement, the Parties consent and authorise Ergon
Energy and its Contractors to:

(a) use the relevant access tracks for access purposes;
(b) maintain and repair the relevant access tracks; and
(c) be granted an interest in the nature of an easement, permit or licence over the area covered
by those access tracks.

Other Ergon Energy Interests
Under Clause 21.1, where Ergon Energy (before the Execution Date) has acquired a right or interest in the Agreement Area under a way-leave agreement, easement, licence, permit, statutory or contractual access arrangement, Act or Regulation; the Parties:

(a) consent to the exercise of those rights or interests;
(b) agree that those rights or interests are valid; and
(c) agree that, to the extent of any inconsistency, those rights or interests prevail over Native Title.

Future Acts by Lands Trust
Subject to subclause 23.3, Clause 23.2 operates to provide the Parties'consent to the doing of any future act after the Registration Date (other than the surrender of native title rights and interests) in relation to any part of the Agreement Area that is Aboriginal Land.

The consent is subject to the condition that, at the time a future act is performed, the entity holding the Aboriginal Land has given its written consent to the future act .

Background to the ILUA

Native Title in the ILUA Area

The ILUA area is located within the Juru People Native Title Determination Application Area (QUD 544/2010; QC 2010/005). The Juru People's Native Title Application was registered on the 27th of May 2011.

The ILUA area does not cover the Juru People (Cape Upstart) Native Title Determination which was lodged in 1997 by the Juru people for recognition of native title rights and interests over the land and waters in the area of Cape Upstart. The application was accepted for registration in 1999 pursuant to s 66 of the Native Title Act 1993 (Cth). In 2011, the Federal Court of Australia handed down a consent determination recognising the native title rights of the Juru people over Cape Upstart National Park.


Related Entries

Agreement
  • Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 (26 July 2011)
  • Lampton on behalf of the Juru People v State of Queensland [2014] FCA 736 (Juru People Part A)
  • Lampton on behalf of the Juru People v State of Queensland [2015] FCA 609 (Juru People Part B)
  • Organisation
  • Juru Enterprises Limited - Signatory
  • Ergon Energy Corporation Limited - Signatory
  • Kyburra Munda Yalga Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Ray Gaston, Andrew Morrell, Lenora Aldridge, Margaret Smallwood, Tracey Lampton, Loretta Prior, and Janet Lymburner, for and on behalf of the Juru People - Signatory
  • Juru People - Signatory

  • Documents

    Map
    Juru People and Ergon Energy Indigenous Land Use Agreement (ILUA)- written description and map - ( PDF)
    Juru People and Ergon Energy Indigenous Land Use Agreement (ILUA) extract - ( PDF)
    Juru People and Ergon Energy Indigenous Land Use Agreement (ILUA) Minor Works Future Acts Procedure. - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Applications/Claims (Australia) | Native Title Claimants (registered) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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