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Northern Cape York Group #2 and Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 May 2014
Date To: not specified
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Western Cape York., Queensland, Australia
The Agreement Area includes approximately 3950 sq km, located between Weipa and Mapoon and east to Billys Lagoon in western Cape York. The Agreement Area comes within the authority of the Cook Shire Council, Napranum Aboriginal Shire Council and Mapoon Aboriginal Council. The Agreement Area falls within the external boundaries of the Native Title claim applicaiton by the Northern Cape York Group #2 (QUD156/2011). This determination results from the decision of Coconut on behalf of the Northern Cape York #2 Native Title Claim Group v State of Queensland [2014] FCA 629, made on 20 June 2014.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 October 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI1014/036
Subject Matter:Access | Future Act | Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/036
Summary Information:
The Northern Cape York Group #2 and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement entered into by:

- Ergon Energy Corporation Limited; and

- Maryanne Coconut, Grace John, Malcolm Callope, Charles Budby, Gabriel Mairu, Florence Hector, Ivy Gordon, Andrea Toby, Maurice Woodley, Victoria Kennedy, Celia Fletcher, Agnes Mark, Alma Day,Harriet Flinders, Florence Luff, Neville Motton, Rhonda Parry, Allison Sailor, Raymond AhMat, Linda McLachlan,Michelle Kostecki (nee AhMat) on behalf of the Northern Cape York Group #2 (QUD156/2011).

The purpose of the Agreement is to allow Ergon Energy Corporation Ltd access to the area and to perform a number of future acts relating to energy infrastructure.
Detailed Information:
Details of the agreement

Commencement

The Agreement commences operation on 28 May 2014. Notably, the Agreement was registered on 27 October 2014. The Extract does not specify an end date for the Agreement.

Native Title Provisions

The purpose of the Agreement is to permit the performance of particular future acts within the Agreement Area. Clause 5.1 of the Agreement stipulates that the parties consent to the doing of such future acts by Ergon Energy including:

(a) minor works;
(b) obtaining access to the Agreement Area to undertake minor works;
(c) use of all "land sitting" electricity infrastructure that exists on the execution date, and use of any adjacent land for operational use and maintenance of relevant Electricity Infrastructure;
(d) access to all land or adjacent land by way of access tracks in existence at the Execution Date;
(e) any future acts subject to the prior written consent of the Indigenous party to the Agreement; and
(f) the grant of any easement, licence or permit over relevant Electricity Infrastructure.

Further, the parties agree the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply as the alternative consultation provisions are to be followed instead.

Background to the ILUA

Native Title in the ILUA Area

The area covered by the ILUA falls within all the land and waters covering native title determination application for the Northern Cape York Group #2 (QUD156/2011; QCD2011/003), as accepted for registration on 16 December 2011.

On 20 June 2014 it was determined in Coconut on behalf of the Northern Cape York #2 Native Title Claim Group v State of Queensland [2014] FCA 629, that Native title exists in relation to that part of the Determination Area, and is held by the Northern Cape York #2 Native Title Claim Group. Exclusive and non-exclusive rights were granted.

Related Entries

Agreement
  • Northern Cape York Group #2 Napranum Aboriginal Shire Council Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Ergon Energy Corporation Limited - Signatory
  • Cook Shire Council
  • Napranum Aboriginal Shire Council
  • Mapoon Aboriginal Shire Council
  • National Native Title Tribunal
  • Legislation
  • Native Title Amendment Act 1998 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Electricty Act (Queensland) 1994
  • People
  • Northern Cape York Group #2 - Signatory

  • Documents

    Document
    Northern Cape York Group #2 and Ergon Energy Indigenous Land Use Agreement (ILUA) extract - ( PDF)
    Northern Cape York Group #2 and Ergon Energy Indigenous Land Use Agreement (ILUA) schedule 2 of the agreement area. - ( PDF)
    Northern Cape York Group #2 and Ergon Energy Indigenous Land Use Agreement (ILUA)map and description of ILUA area - ( PDF)
    Coconut on behalf of the Northern Cape York #2 Native Title Claim Group v State of Queensland [2014] FCA 629 - ( PDF)
    Electricity Act (Queensland) 1994 - ( 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 Determination (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Claimants (registered) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Legislation

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