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

Category: Agreement
Date: 20 January 2012
Date To: Not specified
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:35 kilometres west of Cairns, Queensland , Australia
The area subject to this agreement covers about 1050 square kilometres located approximately 35 kilometres west of Cairns.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 20 December 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: Tribunal file no: QI2011/043
Subject Matter:Future Act | Housing, Construction and Infrastructure | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Muluridji_People_and_Ergon_Energy_ILUA_QI2011_043.aspx
Summary Information:
The Muluridji People and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Ergon Energy Corporation Limited; and
- Clancy Baker, Ian Connolly and Keith Mathieson Jnr on their own behalf and on behalf of the Muluridji People (QUD 6208/1998); and Clem Riley and Mervyn Riley on their own behalf and on behalf of the Muluridji People #2 (QUD 6035/2001).

The purpose of this agreement is allow Ergon Energy to work on electricity infrastructure which falls within the ILUA area.
Detailed Information:
Details of the agreement

Commencement

The Agreement commenced on the date of execution. Information regarding when the parties executed the document has not been released by the National Native Title Tribunal and it is therefore unknown when the ILUA commenced.

Subclause 4.5, subclauses 5.1 to 5.3, 5.9 and 5.10, clauses 6 to 10; and Schedules 2 and 6 commenced on the registration date.

If Native title is found not to exist in the ILUA area or it is surrendered, the provisions in the ILUA which relate to Native Title no longer have effect. However, if the Agreement is removed from the Register of Indigenous Land Use Agreements, the agreement will still remain in force.

Future Acts

The parties consent to the following future acts:
- any future act specified in the agreement;
- Ergon Energy performing a number of incidental acts e.g. tree lopping (for a full list of these acts refer to schedule 2) and also accessing the ILUA area to perform these acts;
- access to land sitting infrastructure (e.g. power lines) and any adjacent area required for the operation use of and maintenance of the land sitting infrastructure. The ILUA further permits Ergon Energy to use access tracks in order to reach land sitting infrastructure and to repair and maintain these tracks;
- any future acts on Aboriginal land if prior written consent has been obtained from the relevant land holding body;
- the grant of any easement, licence or permit over relevant Electricity Infrastructure so long as compliance with Cultural Heritage Management Processes stipulated in the Agreement are first met.

Right to Negotiation

The Right to Negotiated as enunciated in Part 2 Division 3 Subdivision P of the Native Title Act does not apply to future acts which the parties have consented to.

Other

The Muluridji People also consented to the State of Queensland granting Ergon Energy a number of interests over the ILUA area on which Electricity Infrastructure is located.

Background

The Muluridji People claim (QUD 6208/1998) concerns an application that was lodged in 1998 for the recognition of native title rights and interests over approximately 66 square kilometres in the vicinity of Mareeba in northern Queensland.

The Muluridji People #2 (QUD 6035/2001) concerns an application that was lodged in 2001 for the recognition of native title rights and interests over approximately 54.153 square kilometres in the vicinity of Mareeba in northern Queensland.

Both of these claims were resolved on 14 December 2011 at the Federal Court hearing in Mareeba where Justice Logan made two consent determinations recognising the Muluridji People's native title rights and interests over 12 030 hectares of land and waters.

Prior to the matter being resolved the National Native Title Tribunal convened a number of mediation conferences with the parties which also included the parties negotiating ILUAs, this particular ILUA included, to resolve practical on the ground issues.

Related Entries

Agreement
  • Baker on behalf of the Muluridji People v State of Queensland [2011] FCA 1432
  • Muluridji People and Tablelands Regional Council 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
  • Muluridji People
  • Clancy Baker, Ian Connolly and Keith Mathieson Jnr on their own behalf and on behalf of the Muluridji People
  • Clem Riley and Mervyn Riley on their own behalf and on behalf of the Muluridji People #2

  • References

    General Reference
    National Native Title Tribunal (2011) Native title recognition for the Muluridji People
    National Native Title Tribunal (2011) Native title determination summary - Muluridji People
    NineMSN (2011) Muluridji people win native title case
    National Native Title Tribunal (20 January 2012) Extract from Register of Indigenous Land Use Agreements: Muluridji People and Ergon Energy ILUA
    National Native Title Tribunal (19 October 2011) Notice of applications to register area agreements on the Register of Indigenous Land Use Agreements: Muluridji People
    Newspaper Article
    The Koori Mail (11 January 2012) Muluridji people's claims recognised

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | 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) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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