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Western Yalanji People and Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 March 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located 80 km south west of Cooktown. , Queensland. , Australia
The area subject to the ILUA covers about 3,300 sq km within the Cook Shire Council and Tablelands Regional Council. It is approximately 80 kilometres south west of Cooktown.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 March 2014.
Legal Reference: National Native Title Tribunal File No.: QI2013/086
Subject Matter:Cultural Heritage | Future Act | Housing, Construction and Infrastructure | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Western_Yalanji_People_and_Ergon_Energy_ILUA_QI2013_086.aspx
Summary Information:
The Western Yalanji People and Ergon Energy Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Ergon Energy Corporation Limited (applicant); and

- Graham Brady, Desmond Brickey and Dell Riley on their own behalf and on behalf of the Western Yalanji People #4 and William Steven Brady and Desmond Brickey on their own behalf and on behalf of the Western Yalanji People Combined #5 and #7; and

- Western Yalanji Aboriginal Corporation

on 4 March 2014.

The purpose of the ILUA is to provide for consent for particular 'future acts' that relate to the construction and maintenance of electricity infrastructure on the land covered by the Agreement.
Detailed Information:
Details of the Agreement

Commencement

The Agreement was registered with the National Native Title Tribunal (NNTT) on 4 March 2013. The Extract does not specify a start or end date.

Agreement

The Agreement operates to provide the parties' consent to certain 'future acts' done by Ergon Energy. These 'future acts' are outlined in the Extract as follows:

a) Minor works, which are defined in Schedule 2 as:
- tree lopping and tree clearing in the area surrounding the infrastructure;
- repairing damaged infrastructure;
- replacing damaged or destroyed infrastructure;
- maintaining and inspecting infrastructure; and
- installation of electricity poles that are tied into the existing powerline system in urban areas/town precincts.

b) Access to the area in order to carry out these minor works;

c) Use of access tracks to access land where minor works are being carried out. Where these access tracks are not dedicated roads, consent is given to allow Ergon Energy to use and maintain these access tracks, as well as be granted an easement, permit or licence over them;

d) Any future acts on Aboriginal Land subject to the prior written consent of the parties having been obtained; and

e) Subject to Cultural Heritage Management Processes stipulated in the Agreement, the grant of any easement, licence or permit over relevant electricity infrastructure.

For all the electricity infrastructure that is already in existence at the registered date of 4 March 2014, the parties consent to Ergon Energy's use of the land on which the infrastructure is located.

Where Ergon Energy had a right or interest in the area covered by the Agreement before 4 March 2014, by way of a way-leave agreement, easement, licence, permit, statutory or contractual access arrangement, Act or Regulation, the Parties consent to the exercise of those rights and interests and agree that they are valid.

Native Title Provisions

Clause 20 refers to any future acts, except for the surrender of native title, by Land Trusts. The parties consent to future acts being done within the Agreement Area provided that written consent has been given.

The Extract does note, however, that no future acts within the Agreement are subject to Part 2 Division 3 Subdivision P of the Native Title Act 1993 (Cth), and so the right to negotiate does not apply to this Agreement.


Background

Native Title in the ILUA Area

The Agreement Area covers lands subject to native title determination applications:

- QUD6008/99 Western Yalanji People #4 &
- QUD6003/01 Western Yalanji Combined #5 and #7.



Related Entries

Agreement
  • Brady on behalf of the Western Yalanji People #4 v State of Queensland [2013] FCA 958
  • Brady on behalf of the Western Yalanji Combined #5 and #7 v State of Queensland [2013] FCA 958
  • Organisation
  • Ergon Energy Corporation Limited - Signatory
  • Legislation
  • Native Title Amendment Act 1998 (Cth)
  • Native Title Act 1993 (Cth)
  • People
  • Western Yalanji People - Signatory

  • Documents

    Map
    Western Yalanji People and Ergon Energy Indigenous Land Use Agreement (ILUA) - READY FOR PROOFING - Description and Map - ( PDF)
    Western Yalanji People and Ergon Energy Indigenous Land Use Agreement (ILUA) - READY FOR PROOFING - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Aboriginal Land Trust (Queensland) (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act Determination (Native Title Act (1993) (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Public Company | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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