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Coober Pedy Renewable Hybrid Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 8 September 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located south-east of Coober Pedy, South Australia, Australia
The Agreement Area covers unincorporated areas within the south-eastern region of Coober Pedy District Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 9 September 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: SI2015/004
Subject Matter:Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/ILUA%20Register/2015/SI2015.004/ILUARegisterExport.pdf
Summary Information:
The Coober Pedy Renewable Hybrid Project Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Antakirinja Matu-Yankunytjatjara Aboriginal Corporation RNTBC (AMYAC) (applicants); and

- Energy Generation Pty Limited (EnGen).

The purpose of this Agreement is to provide consent for certain activities surrounding the Coober Pedy Renewable Hybrid Project.
Detailed Information:
Commencement

The Extract does not provide a specific start or end date for the Agreement.

The ILUA (other than clause 3) is to commence on the date of execution of the ILUA by all parties. Clause 3 comes into effect on the registration date, being 8 September 2015.

Cessation

The Agreement is to continue:
(a) until the permanent cessation of all Operations; or
(b) until all of the Ancillary Approvals have expired or terminated; or
(c) until the date upon which all of the land interests permanently cease to be used for any purposes directly or indirectly related to the Project,
whichever of these occurs last.

Subject to certain conditions, no party is entitled to terminate this ILUA for any reason, including by reason of repudiation or breach of the Agreement by the other party.

Native Title Provisions

The Right to Negotiate

The Agreement states that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to any future act by the State or Commonwealth within the ILUA area which relates directly or indirectly to the Project in any way.

Use of the Agreement Area

Under the Agreement the parties consent to any person doing each future act within the ILUA area during the term of the Agreement which relates directly or indirectly to the Project in any way.

The relevant future acts include:
(a) the acquisition by EnGen of Land Interests in relation to the Project;
(b) the obtaining of EnGen of the Grant to it of Land Interests by the state in relation to the Project;
(c) the obtaining by EnGen of the Grant to it of Ancillary Approvals by the State in relation to the Project; and
(d) the undertaking by EnGen of Operations.

The Project

"The Project" under the Agreement means the Coober Pedy Renewable Hybrid Project, which includes the Solar Array, the Wind Turbines, the Powerline and the Generation Plant.

Solar Array involves concerting sunlight to electrical energy, and is to be constructed and operated as part of the Project. Wind Turbines are to be used as wind generators, used for converting wind to electrical energy and will also be constructed and operated as part of the Project. The Project will also involve the use and construction of power lines and a Generation Plant.

The location of each of these aspects of the project is included in the map located below.

Native Title in the Agreement Area

The Agreement area falls within the Antakirinja Matu-Yankunytjatjara People native title application SAD 6007/98.

In Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474 the Federal Court of Australia determined that non-exclusive native title rights and interests which exist in relation to the Determination Area are held by the Antakirinja Matu-Yankunytjatjara People.

Related Entries

Agreement
  • Yankunytjatjara/Antakirinja Native Title Claim Group v The State of South Australia [2006] FCA 1142 (28 August 2006)
  • Antakirinja Area Minerals Exploration Indigenous Land Use Agreement (ILUA)
  • Antakirinja Area Minerals Exploration Indigenous Land Use Agreement (ILUA) (No 2)
  • Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474
  • Organisation
  • Antakirinja Matu-Yankunytjatajara Aboriginal Corporation
  • Energy Generation Pty Limited (EnGen)
  • People
  • Antakirinja Matu-Yankunytjatjara People

  • Documents

    Map
    Coober Pedy Renewable Hybrid Project ILUA - Map of Area - ( PDF)
    Coober Pedy Renewable Hybrid Project ILUA - ( PDF)
    Coober Pedy Renewable Hybrid Project ILUA - Description of Agreement Area - ( PDF)

    Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Legislation | Native Title (Australia) | Native Title Determination (Australia)

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