Djiru People & Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date: ||22 August 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Cassowary Coast, Queensland, Australia|
|The agreement covers about 272 square kilometres of land and is located in the area east of Tully. |
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal No: QI2011/008|
|Subject Matter:||Access | Future Act | Land Use|
|Summary Information: |
|The agreement is between:|
- Ergon Energy; and
- Dawn Hart, John Clumpoint, Charity Ryan, Beryl Buller, Rae Kelly, Margaret Murray and John Andy on their own behalf and on behalf of the Djiru People #2 and the Djiru People #3.
This ILUA is one of three ILUAs signed by the Djiru People on 22 August 2011. The others are the Djiru People Tenure Resolution ILUA and the Djiru People Protected Areas ILUA. The Djiru people also entered into a fourth ILUA with the Cassowary Coast Regional Council which was registered with the National Native Title Tribunal on 29 April 2010.
|Detailed Information: |
|Content of the ILUA|
Commencement and Termination
The agreement (excepting a number a clauses) commences from the execution date. The execution date is the later of the day on which the Agreement is execute by all of the Parties or if the Parties sign on different days the latter day. The precise date the Parties executed the document is unknown. Therefore it is unknown when the agreement commenced.
If the agreement is removed from the Register, the clauses remain in force and the agreement is still legally binding on the parties.
The agreement may, however, be terminated in writing, signed by the parties.
The Parties have agreed to the doing of the following future acts:
- minor works such as tree lopping, repairing and inspecting electricity infrastructure and installation of street light poles;
- access to the Agreement Area for the purposes of completing minor works;
- use of all land and adjacent land required for use or maintenance of electricity infrastructure;
- access to all land which has electricity infrastructure by way of access tracks;
- any future acts so long as prior written consent of the Aboriginal Corporation is obtained;
- subject to Cultural Heritage Management Processes, the grant of any easement, licence or permit over relevant Electricity Infrastructure.
The Right to Negotiate
The parties have agreed that the right to negotiate (see glossary) does not apply to any of the future acts consented to in the ILUA.
The Djiru people have consented to the State of Queensland granting Ergon Energy any tenure or other interest in land within the ILUA area. However, this agreement does not prejudice the Djiru people's right to compensation.
The parties have also agreed that Ergon Energy can maintain and repair access tracks which they use.
Background to the ILUA
The Djiru People filed an Application in the Federal Court of Australia on 7 March 2003 and a further claim was filed on 7 July 2003. The combined determination area consists of about 9440 hectares of land and waters. On 1 September 2011, the Federal Court of Australia, in a Consent Determination, recognised exclusive native title rights over 540 hectares of land and non-exclusive native title rights over 8900 hectares of land.
In response to the Application and consequent determination of Native Title, the Djiru Peoples have entered into a number of ILUAs. This ILUA is one of three ILUAs signed by the Djiru People on 22 August 2011. The others are the Djiru People Tenure Resolution ILUA and the Djiru People Protected Areas ILUA. The Djiru people also entered into a fourth ILUA with the Cassowary Coast Regional Council which was registered with the National Native Title Tribunal on 29 April 2010.
This series of ILUAs therefore negotiates the interests of the Indigenous owners recognised in the Consent Determination and the interests already existing in the Determination area.