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Wangkangurru/Yarluyandi People and Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 January 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The ILUA area covers approximately 19,120 square kilometres of land and is located northeast of Poeppel Corner and south of Bedourie. It abutts the South Australian and Northern Territory borders.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 30/01/2013, this is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/078
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Wangkangurru_Yarluyandi_People_and_Ergon_Energy_ILUA_QI2012_078.aspx
Summary Information:
The Wangkangurru/Yarluyandi People and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Ergon Energy Limited Corporation (applicant); and
- Arthur Ah Chee, Brenda Shield, Haydyn Bromley, Raelene Hudson (deceased), Sharon Lucas and Linda Combie (deceased) on behalf of the Wangkangurru/Yarluyandi People.

The purpose of this ILUA is to allow for the doing of certain future acts by Ergon Energy in the ILUA area.
Detailed Information:
Details of the Agreement

Commencement

Apart from certain provisions which commence on the date of registration, being 30 January 2013, the majority of the ILUA provisions commence on the date of execution. This date is not, however, specified in the ILUA extract.

Future Acts

The parties consent to the doing of any particular future act and any class of future act specified in this ILUA.

The parties to the ILUA consent to Ergon Energy conducting any of the following future acts:
- minor works (see below for definition);
- access to the ILUA area in order to conduct minor works;
- use of land siting electricity infrastructure and any adjacent land required for operational use and maintenance of the infrastructure;
- access to the land mentioned above by way of access tracks in existence at the execution date;
- any future acts on Aboriginal land subject to the prior written consent of the entity holding the Aboriginal Land having been obtained; and
- subject to Cultural Heritage Management Processes, the grant of any easement, licence or permit over relevant electricity infrastructure.

Tenure or interest

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 without prejudice to any rights which the Native Title Party may have to compensation from the State of Queensland.

Right to Negotiate

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 to in this ILUA.

Licences

Where the Native Title Party is legally entitled to do so, it grants Ergon Energy a non-exclusive licence to use all land on which any electricity infrastructure exists at the execution date. It also grants this licence to all land that is adjacent to the relevant electricity infrastructure which is necessary for the operation of of the infrastructure. The Native Title Party consents to the use of this land if it is necessary for the operation, use maintenance and repair of the electricity infrastructure.

Where this electricity infrastructure is powerlines or is located in airspace, the Native Title Party consents to and authorises Ergon Energy's use of an area of 10 metres on each side of the line on the ground falling beneath the relevant infrastructure for any purpose necessary or incidental to the operation, use, maintenance or repair of the infrastructure.

Where Ergon Energy seeks to obtain an easement, permit or licence from any other person, over land for the use of electricity infrastructure, subject to compliance with Cultural Heritage Management Processes in this ILUA, the parties consent to and otherwise authorise the grant of those interests.

Access Tracks

Where Ergon Energy uses access tracks other than dedicated roads within the ILUA area which are in existence at the execution date, and this use is for the purpose of accessing the relevant electricity infrastructure, subject to Cultural Heritage Management Processes in this ILUA, the parties consent to and authorise Ergon Energy and its contractors to:
- use the access tracks for access purposes;
- maintain and repair the access tracks; and
- be granted an interest in the nature of an easement, permit or licence over the area covered by those access tracks.

If before the execution date, Ergon Energy had or acquired a right or interest in the ILUA area under a way-leave agreement, easement, licence, permit, statutory contractual access arrangement, Act or Regulation, the parties:
- consent to the exercise of those rights or interests;
- agree that those rights or interests are valid; and
- agree that, to the extent of any inconsistency, those rights or interests prevail over Native Title.

Native Title Party's consent

The Native Title Party consents to and authorises Ergon Energy and its contractors to:
- access the ILUA area; and
- remain in the ILUA area for such time as is reasonably required or to perform any statutory duty or responsibility under any Act or Regulation. However, the Native Title Party's consent does not apply and is not necessary where a determination is made which does not recognise the native title as including a right to regulate or restrict access by others to those parties of the ILUA area.

Minor works

The parties consent to and authorise Ergon Energy and its contractors to undertake minor works within the ILUA area. The parties agree to carry out minor works in accordance with certain procedures set out in Schedule 2 (Schedule 2 is not included in the ILUA extract).

The following future acts are 'minor works':
- tree lopping and tree clearing in the immediate vicinity of the infrastructure or required for the sale operation or use of the electricity infrastructure or for public safety in relation to the operation of the infrastructure;
- repairing any damaged electricity infrastructure;
- reinstating any damaged or destroyed electricity infrastructure to the pre-existing extent;
- maintaining electricity infrastructure;
- inspecting electricity infrastructure;
- installation of street light poles and service/intermediate poles that are tied into the existing powerline system in urban areas/town precincts only;
- accessing the ILUA area at reasonable times for the purpose of undertaking any of the above listed acts.
- installation of street light poles and service/intermediate poles that are tied into the existing powerline system in urban areas/towns precincts.

Native Title in the ILUA Area

The Wangkangurru/Yarluyandi Native Title Claim (Federal Court No:SAD6016/98; Tribunal File no:SC97/3) was filed on 21 August 1997 and is currently in mediation. The claim covers some 83250 sq km of land, a large part of which is the subject of this ILUA.



Related Entries

Agreement
  • Wangkangurru Yarluyandi Native Title Claim Settlement Indigenous Land Use Agreement (ILUA)
  • Wangkangurru Yarluyandi Parks Indigenous Land Use Agreement (ILUA)
  • Wangkangurru Yarluyandi Pastoral Indigenous Land Use Agreement (ILUA)
  • Wangkangurru Yarluyandi Alton Downs Pastoral Indigenous Land Use Agreement (ILUA)
  • Wangkangurru Yarluyandi Pastoral Indigenous Land Use Agreement (ILUA) - Macumba
  • Wangkangurru Yarluyandi Pastoral Indigenous Land Use Agreement (ILUA) - Cowarie
  • Munga-Thirri National Park Protected Areas Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Ergon Energy Corporation Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Wangkangurru / Yarluyandi Peoples
  • Linda Crombie, Brenda Shields, Sharon Lucas, Hadyn Bromley and Arthur Ah Chee for and on behalf of the native title claimants in Wangkangurru/Yarluyandi - Signatory

  • References

    General Reference
    National Native Title Tribunal (30/01/2013) Wangkangurru/Yarluyandi People and Ergon Energy ILUA Extract

    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) | Native Title (Australia) | Native Title Determination (Australia) | Public Company | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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