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

Category: Agreement
Date: 18 July 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Mount Isa, Queensland, Australia
The agreement covers an area of about 10,018 sq km, located approximately 70 km south east of Mount Isa in the State of Queensland. The Agreement Area includes all land and waters within the Native Title Determination Applicaiton QUD189/2010 (Yulluna People, QC2010/001), as accepted for registration on 9 August 2013.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 July 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/009
Subject Matter:Access | Housing, Construction and Infrastructure | Land Use
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/009
Summary Information:
The Yulluna People/Cukadoo Indigenous Land Use Agreement (ILUA) was agreed between:

- Argylla Mountains Pastoral Pty Ltd; and

- Brian Sullivan, Valerie Punch, Hazel Sullivan, Stan Sullivan and Allan Naumann on their own behalf and on behalf of the Yulluna People #3

on 18 July 2014

The purpose of this Area Agreement is to provide consent for the doing of acts, including future acts, including the construction of electricity infrastructure and the granting of tenure over the Agreement Area to Ergon Energy.
Detailed Information:
Details of the Agreement

The ILUA was registered with the National Native Title Tribunal (NNTT) on 18 July 2014.

The Extract specifies 8 January 2014 as the specific start date for the Agreement.

With the exception of some clauses, the Agreement commences on the Execution Date. The Execution Date is defined as the later of:
(i) the date upon which the Agreement is executed by all abovenamed parties; or
(ii) where parties execute the Agreement on different dates, the last of those dates.

The clauses of the Agreement which are an exception to this provision are:
(a) subclause 4.5;
(b) subclauses 5.1 to 5.3, 5.9 and 5.10;
(c) clauses 6 to 10; and
(d) Schedules 2 and 6.

These clauses, subclauses and schedules come into effect on the Registration Date, being 18 July 2014.

Native Title Provisions

The Agreement provides consent by the parties to the doing of future acts.

The terms of the Agreement stipulate that Ergon Energy may perfrom any of the following future acts:

(a) Minor Works;
(b) access to the Agreement Area;
(c) use of all land siting electricity infrastructure in existence at the execution date and of any adjacent land required for operational use and maintenance of relevant Electricity Infrastructure;
(d) access to all land by way of access tracks in existence at the
execution date; and
(e) any future acts on Aboriginal land subject to the prior written consent of the entity holding the Aboriginal Land having been obtained.

The parties provide their consent that Part 2 Division 3 Subdivision P of the Native Title Act does not apply to the doing of any
future act. This means that the right to negotiate does not apply.

Native Title in the ILUA Area

The Agreement Area includes all land and waters within the Native Title Determination Applicaiton QUD189/2010 (Yulluna People, QC2010/001), as accepted for registration on 9 August 2013.

The Yulluna People's Native Title Application QUD6012/99 was registered on 20th April 1999.
The claim area is approximately 3,392 square kilometres.

The Yulluna People #2 Native Title Application QUD6004/02 was registered on 5th July 2002.
The claim area is approximately 1,027 square kilometres.

Related Entries

Agreement
  • Yulluna People and Starcross Indigenous Land Use Agreement (ILUA)
  • Yulluna People/Buckingham Downs Indigenous Land Use Agreement (ILUA)
  • Yulluna People/ Burnham (aka Chatsworth), Chatsworth and Stanbroke (aka Stradbroke) Indigenous Land Use Agreement (ILUA)
  • Yulluna People/Cannington Indigenous Land Use Agreement (ILUA)
  • Yulluna People/Cukadoo Indigenous Land Use Agreement (ILUA)
  • Yulluna People/Fort William Indigenous Land Use Agreement (ILUA)
  • Yulluna People/Kheri Indigenous Land Use Agreement (ILUA)
  • Yulluna People/Lurnea (aka Two Rivers) Indigenous Land Use Agreement (ILUA)
  • Yulluna People/Pilgrim Indigenous Land Use Agreement (ILUA)
  • Yulluna People and Local Government Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Yulluna Aboriginal Corporation
  • Ergon Energy Corporation Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Clem Sullivan & others on behalf of the Yulluna People
  • Dorrie Prowse and others on behalf of the Yulluna People
  • Brian Sullivan, Valerie Punch, Hazel Sullivan, Stan Sullivan and Allan Naumann on their own behalf and on behalf of the Yulluna People #3 - Signatory

  • Documents

    Map
    Yulluna People and Ergon Energy Indigenous Land Use Agreement (ILUA)Map - ( PDF)
    Yulluna People and Ergon Energy Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Yulluna People and Ergon Energy Indigenous Land Use Agreement (ILUA) Minor Works - ( PDF)
    Yulluna People and Ergon Energy Indigenous Land Use Agreement (ILUA) Written Description - ( 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) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applicants | Native Title Applications/Claims (Australia) | Native Title Claimants (registered) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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