Djiru People & Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
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
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2011/QI2011.008/ILUARegisterExport.pdf
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.

Future Acts
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.

Other Provisions
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.

Related Entries

Agreement
  • Djiru Cassowary Coast Regional Council Area Indigenous Land Use Agreement (ILUA)
  • Djiru People Protected Areas Indigenous Land Use Agreement (ILUA)
  • Djiru People Tenure Resolution Indigenous Land Use Agreement (ILUA)
  • Hart on behalf of the Djiru People #2 v State of Queensland [2011] FCA 1056 (1 September 2011)
  • Hart on behalf of the Djiru People #3 v State of Queensland [2011] FCA 1056
  • Organisation
  • Ergon Energy Corporation Limited
  • People
  • Dawn Hart and others on their own behalf and on behalf of the Djiru People
  • Djiru People

  • References

    General Reference
    National Native Title Tribunal (7 July 2003) Claimant Application Summary - Djiru People #3
    National Native Title Tribunal (7 March 2003) Claimant Application Summary - Djiru People #2
    National Native Title Tribunal (22/08/2011) Extract from Register of Indigenous Land Use Agreements: Djiru People & Ergon Energy ILUA
    Media Release
    National Native Title Tribunal (18 May 2011) Notice of applications to register area agreements on the Register of Indigenous Land Use Agreements: Djiru People
    Publication
    National Native Title Tribunal (1 September 2011) Djiru People’s native title determinations

    Documents

    Map
    Djiru People & Ergon Energy ILUA - ( PDF)

    Glossary

    Aboriginal Corporation (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)