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

Category: Agreement
Date: 28 November 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland , Australia
The area subject to this agreement covers about 38,700 square kilometres and is surrounding Mount Isa.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 28 November 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: QI2011/030
Subject Matter:Future Act
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Kalkadoon_People_and_Ergon_Energy_ILUA_QI2011_030.aspx
Summary Information:
The Kalkadoon People and Ergon Energy Indigenous Land Use Agreement(ILUA) is an agreement between:

- Ergon Energy Corporation Limited; and
- Douglas Bruce, Lawrence "Sonny" Condren, Cornelia "Connie" Craigie, Noeleen Dempsey, William Doyle, Patricia Kyle, Hazel Munro, Illona Parter and Sue Sarmardin Jr. on their own behalf and on behalf of the Kalkadoon People.

The purpose of this ILUA is to allow Ergon Energy to continue its operations within the Kalkadoon People's Native Title area.
Detailed Information:
Details of the agreement

Commencement

The ILUA commences on the date of its execution except for subclauses 4.5 and 5.2, clauses 6-7 and Schedule 2. These exceptions commence on the registration date (28 November 2011).

Future Acts

The parties consented to a number of future acts, including:
- Minor works (subject to Schedule 2 which has not been released by the National Native Title Tribunal);
- access to the ILUA area in order to perform these minor works;
- use of land siting Electricity Infrastructure which was in existence at the execution date (this date has not been released) and use of any adjacent land required for operational use and
maintenance of this Electricity Infrastructure;
- the use of land, 10 meters on either side of any Electricity Infrastructure which is located in airspace e.g. a powerline;
- use, maintanence and repair of access tracks.

Background

The Kalkadoon people first lodged a native title application in 1995 followed by five other applications. Kalkadoon #4 was filed in 2005 with Kalkadoon #5 application lodged in 2006 and both were accepted for registration pursuant to the Native Title Act 1993 (Cth). In 2010 the court combined the #4 and #5 applications and the application was accepted for registration pursuant to s109 of the Native Title Act 1993 (Cth). The Kalkadoon #4 people were granted Native Title on 12 December 2011.

As part of this determination Ergon Energy was named as holding rights and interests in relation to an ILUA between the native title holders and Ergon Energy Corporation Limited executed on 20 June 2011 - 'Kalkadoon People/Ergon ILUA'. It is probable that this ILUA referred to by the Court is the same as this ILUA registered on 28 November 2011.

This is one of a series of ILUAs that the Kalkadoon people have entered into following the Consent Determination.

Related Entries

Agreement
  • Doyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3) [2011] FCA 1466
  • Kalkadoon Constitution Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Ergon Energy Corporation Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • James Watts Taylor (Waditja) and others on behalf of the Kalkadoon People
  • William Doyle, Noelene Dempsey, Ilona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Pat Kyle, Connie Craigie and Doug Bruce on their own behalf and on behalf of the Kalkadoon People.

  • References

    General Reference
    National Native Title Tribunal (2011) Registered ILUA - Kalkadoon People and Ergon Energy ILUA QI2011/030
    National Native Title Tribunal (24 August 2011) Notice of an application to register an area agreement on the Register of Indigenous Land Use Agreements - Kalkadoon People and Ergon Energy ILUA
    National Native Title Tribunal (2011) Native title determination summary - Kalkadoon People #4
    Media Release
    Robert McLelland (12/12/2011) Kalkadoon Native Title Determination welcomed

    Documents

    Map
    Kalkadoon People and Ergon Energy ILUA - ( Image | PDF)

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Applicants

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