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Gunggari People #3 and Ergon Energy Corporation Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 27 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Roma, Queensland, Australia
The Agreement Area covers about 4,166 sq km, located approximately 50 kilometres south west of Roma in the State of Queensland. The Agreement Area falls within the Maranoa Regional Council and includes all lands and waters within the external boundary of QUD548/2012 Gunggari People (QC2012/013) as accepted for registration on 11 January 2013.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 6 May 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/081
Subject Matter:Access | Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/081
Summary Information:
The Gunggari People #3 and Ergon Energy Corporation Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Ergon Energy Corporation Limited; and

- Gunggari People #3.

The purpose of the Agreement is to provide consent for the doing of certain future acts within the Agreement Area.
Detailed Information:
Commencement

This Agreement was registered with the Register of Indigenous Land Use Agreements on 6 May 2015.

The Extract specifies the start date as 27 October 2014, but does not provide an end date for the Agreement.

The Agreement becomes a binding contract, enforceable by and against all parties and the native title claim group from the execution date.

Further, from that date, the Agreement becomes an agreement of the type referred to in sections 23(3)(a)(iii), 24(2)(a)(iii), 25(2)(a)(iii) and 26(2)(a)(iii) of the Aboriginal Cultural Heritage Act 2003 Qld.

From the date of registration, being 6 May 2015, the Agreement operates as an Indigenous Land Use Agreement (ILUA) that binds all parties, the Native Title Claim Group and all persons who assert to hold native title in the Native Title Agreement Area.

Native Title Claim Group

'Native Title Claim Group' has the same meaning as that proscribed by the Native Title Actand includes:
(a) before a determination all those persons described in the Application who individually and collectively comprise the Gunggari People; and
(b) after a determination, the native title holders.

Native Title Provisions

Consent to Future Acts

Ergon Energy and the Gungarri People #3, consent to the doing of any particular future act and any class of future acts.

The parties authorise and consent to the doing of any future act, except for the surrender of native title, after the registration date on 6 May 2015, over any part of the Agreement Area that is Aboriginal Land.

This is subject to the entity holding the Aboriginal Land giving
written consent to the future act.

Non-Extinguishment Principle

The non-extinguishment principle applies to any future acts within the Agreement.

Right to Negotiate

Part 2 Division 3 Subdivision P of the Native Title Act does not apply to any future act, which the parties have consented to.

Low native title impact activities

The Gungarri People #3 consent to Ergon Energy and its contractors undertaking low native title impact activities within the Agreement Area.

Ergon Energy is required to comply with the procedures outlined in Schedule 2 when undertaking low native title impact activities.

The Extract does not provide a copy of Schedule 2.

Future Acts other than low native title impact activities:

With regard to future acts covered by s24KA of the Native Title Act, other than low native title impact activities:

(a) Ergon Energy is required to give written notice to the Gungarri People #3, in accordance with s24KA of the Native Title Act; and
(b) all Parties agree that the future act is not done under the Agreement but is instead covered by Part 2 Division 3 Subdivision K of the Native Title Act.

Notice

The notice provided by Ergon Energy to the Gungarri People #3 must:
(a) contain a written description of the location, nature and extent of the future act and be accompanied by a map or plan of the location of the future act; and
(b) provide the Gungarri People #3 with a period of 30 days to provide any comments about the future act.

Request for Consultation

If requested by the Gungarri People #3, Ergon Energy will consult with the Gungarri People #3 about the future act within 30 days.

Results of Consultations

If, as a result of any comments or consultations, it is found that native title would be significantly affected by the doing of a future act, Ergon Energy will (if reasonably possible) modify its plans to eliminate or minimise the impact on native title.

Activities in extinguished areas

The parties agree to Ergon Energy conducting activities within extinguished areas without consent of the Gungarri People #3.

Other Indigenous Land Use Agreements

Nothing will prevent the parties from entering into a separate Indigenous Land Use Agreement for the purpose of doing a particular future act within the Agreement Area.


20.1 Subject to subclause 20.2, the Parties authorise and consent to the doing of any future act
(except for the surrender of native title) after the registration date over any part of the Native Title
Agreement Area that is Aboriginal Land.
20.2 The consent in subclause 20.1 is subject to the entity holding the Aboriginal land giving
written consent to the future act.

Native Title within the Agreement Area

In the Consent Determination, Foster on behalf of the Gunggari People #3 v State of Queensland, handed down on 5 December 2014, the Federal Court found native title to exist in favour of the Gunggari People #3.

Related Entries

Agreement
  • Gunggari People #3 and Maranoa Regional Council Indigenous Land Use Agreement (ILUA)
  • Gunggari People #3/Drysdale Ponds Indigenous Land Use Agreement (ILUA)
  • Gunggari People #3/Cedarvale Indigenous Land Use Agreement (ILUA)
  • Organisation
  • The Gunggari Native Title Aboriginal Corporation
  • Ergon Energy Corporation Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Aboriginal Cultural Heritage Act 2003 (Qld)
  • People
  • Gunggari People
  • Robert John Munn on his own behalf and on behalf of the Gunggari people
  • Kathleen Kearns and others on their own and on behalf of the Gunggari People.
  • Gunggari People #3 - Signatory

  • Documents

    Map
    Gunggari People #3 and Ergon Energy Corporation Indigenous Land Use Agreement (ILUA) Part B of the Agreement Area - ( PDF)
    Gunggari People #3 and Ergon Energy Corporation Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Gunggari People #3 and Ergon Energy Corporation Indigenous Land Use Agreement (ILUA) Part A of the Agreement Area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Consent Determination (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 Claimants (registered) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Determination (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Public Company | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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