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Warrungu People #2 and Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 December 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The ILUA area is located approximately 75 kilometres southwest of Innisfail and covers 2,660 square kilometres of land.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20/12/12, this is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/034
Subject Matter:Access | Compensation | Future Act | Land Management | Land Use | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Warrungu_People_2_and_Ergon_Energy_ILUA_QI2012_034.aspx
Summary Information:
The Warrungu People #2 and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Ergon Energy Corporation Limited (applicant); and
- Doris Fred and Reginald Joseph Morganson on their own behalf and on behalf on the Warrungu People #2.

The purpose of this ILUA is to provide Ergon Energy with authority to access the ILUA area and use and maintain the relevant electricity infrastructure.
Detailed Information:
Details of the Agreement

Commencement

The commencement of the agreement is not specified in the ILUA extract.

Agreement

The parties to the ILUA consent to Ergon Energy performing certain future acts which include:
- minor works (minor works include tree lopping and tree clearing, repairing damaged infrastructure, reinstating damaged or destroyed infrastructure, maintaining the infrastructure, inspecting the infrastructure, accessing the agreement area to do any of the above, installing street light poles and service/intermediate poles);
- acessing the ILUA area in order to undertake the minor works;
- using the land siting electricity infrastructures in existence at the execution date and any adjacent land required for operational use and maintenance of the infrastructure;
- accessing the land siting the electricity infrastructure by way of access tracks in existence at the execution date;
- committing any future acts on Aboriginal Land having been obtained; and
- granting any easement, licence or permit over the relevant electricity infrastructure.

The parties agree that Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth), which concerns the right to negotiate, does not apply to any future act to which the parties have consented.

The Native Title party consents to the State of Queensland granting Ergon Energy any tenure or other interest over land within the ILUA area on which electricity infrastructure is located. However, this is to be without prejudice to any rights over which the Native Title party may have to compensation from the State of Queensland.

Where Ergon Energy uses access tracks, other than dedicated roads, within the ILUA area, the parties consent to Ergon Energy using the tracks for access purposes, maintaing and repairing the tracks, and granting an interest in the nature of an easement, permit or licence over the area covered by those tracks.

The parties authorise and consent to the doing of any future acts after the registration date in relation to any part of the ILUA area that is Aboriginal Land.

Native Title in the ILUA Area

The ILUA area lies within the Warrungu people's native title claim area. The Warrungu people lodged a native title application with the Federal Court for over 2,664 square kilometres of land 25 kilometres south of Mt Garnet and 75 kilometres southwest of Innisfail. However, a Native Title determination by the Federal Court has not yet been made.

Related Entries

Organisation
  • Ergon Energy Corporation Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Warrungu people
  • Doris Fred and Reginald Joseph Morganson on their own behalf and on behalf on the Warrungu People #2 - Signatory

  • References

    General Reference
    National Native Title Tribunal (20/12/12) Warrungu People #2 and Ergon Energy ILUA Extract

    Documents

    Map
    Warrungu People #2 and Ergon Energy ILUA Map - ( PDF)
    Warrungu People #2 and Ergon Energy Description of the ILUA Area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Legislation | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | State Government | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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