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

Category: Agreement
Date: 9 November 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located west of Quilpie, Queensland, Australia
The agreement area covers about 27,900 sq km and is located approximately 20 km west of Quilpie.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 9 November 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2015/019
Subject Matter:Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/019
Summary Information:
Ergon Energy and Boonthamurra People Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Ergon Energy Corporation Limited (applicant); and

- Barbara Olsen, Mark Wallace and Barbara Bond on their own behalf and on behalf of the Boonthamurra People.

The purpose of this Agreement is to provide consent for the activities outlined within the Agreement.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 9 November 2015.

The Extract does not provide a specific start or end date for the Agreement.

The Extract states that the Agreement is a binding contract, enforceable by and against all parties, as of the execution date, being the date that the last Party signs this Agreement.

From the registration date (being 6 November 2015) the Agreement is an Indigenous Land Use Agreement and is binding upon all Parties, the Native Title Claim Group and all persons who assert to hold native title in the Native Title Agreement Area.

Native Title Provisions

The Right to Negotiate

The Agreement Extract states at clause 11.3 that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to any future act to which the Parties have consented in this Agreement.

Agreement Activities

The Agreement Extract states that the parties consent to doing any particular future act or class of future acts in this Agreement.

Future Acts

For any future acts which are not low impact native title activities, and are covered by section 24KA of the Native Title Act Ergon Energy will give written notice to the Native Title Party in accordance with section 24KA of the Native Title Act.

The Parties must also agree that the future act is not done under this agreement but is covered by Section 24KA of the Native Title Act.

Future acts covered by section 24KA of the Native Title Act includes the construction, operation, use maintenance or repair of any of the things listed below, if the future act does not prevent native title holders from having reasonable access to that thing:
(a) a road, railway, bridge or other transport facility (other than an airport or port);
(b) a jetty or wharf;
(c) a navigation marker or other navigational facility;
(d) an electricity transmission or distribution facility;
(e) lighting of streets or other public places;
(f) a gas transmission or distribution facility;
(g) a well, or a bore, for obtaining water;
(h) a pipeline or other water supply or reticulation facility;
(i) a drainage facility, or a levee or other device for management of water flows;
(j) an irrigation channel or other irrigation facility;
(k) a sewerage facility, other than a treatment facility;
(l) a cable, antenna, tower or other communication facility;
(la) an automatic weather station;
(m) any other thing that is similar to any one or more of the things mentioned in the paragraphs above.

The written notice required in reference to any of the activities above will:
(a) contain a written description of the location, nature and extent of the future act and be accompanied by a map or plan of the location of the future act; and
(b) provide the Native Title Party with a period of 30 days to provide any comments about the future act.

Clause 11.8 of the Agreement states that if requested by the Native Title Party, Ergon Energy will consult with the Native Title Party about the future act within the 30 day period referred to in paragraph (b) above. If, as a result of any comments or consultations, it is established that native title would be significantly affected by the future act, Ergon Energy will, if reasonably possible, modify its plans to eliminate or minimise the impact on native title.

Future Acts under the Agreement

The Agreement Extract States that subject to clause 13.2, the Parties authorise and consent to the doing of any future act (except for the surrender of native title) after the registration date over any part of the Agreement Area.

Clause 13.2 of the Agreement states that consent for future acts requires the entity holding the Aboriginal land giving written consent to the future .

Low Native Title Impact Activities

Any low native title impact activities which fall under the activities in section 24KA of the NTA (listed above) do not require notice in accordance with section 24KA of the NTA.

Low native title impact activities means one or more of the following activities:
(a) inspecting, maintaining, repairing and reinstating electricity infrastructure or access tracks;
(b) tree lopping and tree clearing:
(i) in the immediate vicinity of electricity infrastructure;
(ii) required for the safe operation or use of the electricity infrastructure; or
(iii) required for public health or safety;
(c) installing street light poles and service / intermediate poles that are tied into the existing power line system in urban areas / town precincts;
(d) the performance of statutory duties and responsibilities under the Electricity Act , Electricity Regulation or other laws;
(e) the grant of a lease, easement, permit, licence or other interest to Ergon Energy from the owner or occupier of land for a use of or incidental to the performance of statutory duties and responsibilities under the Electricity Act, Electricity Regulation or other laws;
(f) the exercise by Ergon Energy of any rights or obligations under any way-leave agreement, easement, license, permit or other interest over land or waters;
(g) accessing the Native Title Agreement Area for the purpose of undertaking any low native title impact activity.

Activities in Extinguished Areas

Under clause 11.10 of the Agreement, the Parties agree that Ergon Energy can conduct activities over extinguished areas and that the Native Title Party's consent is not required.

Native Title in the Agreement Area

The Agreement area falls within the Boonthamurra People native title application QUD435/2006.

In Wallace on behalf of the Boonthamurra People v State of Queensland [2014] FCA 901 the Federal Court of Australia determined that non-exclusive native title rights and interests which exist in relation to the Determination Area are held by the Boonthamurra People.

Related Entries

Agreement
  • Boonthamurra Opal Indigenous Land Use Agreement (ILUA)
  • Boonthamurra People and Local Government Indigenous Land Use Agreement (ILUA)
  • Wallace on behalf of the Boonthamurra People v State of Queensland [2015] FCA 600
  • Boonthamurra People/Gummomo Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Ergon Energy Corporation Limited
  • People
  • Boonthamurra People

  • Documents

    Document
    Ergon Energy and Boonthamurra People Indigenous Land Use Agreement (ILUA) - Extract - ( PDF)
    Ergon Energy and Boonthamurra People Indigenous Land Use Agreement (ILUA) - Schedule 2 Low Native Title Impact Activities - ( PDF)
    Ergon Energy and Boonthamurra People Indigenous Land Use Agreement (ILUA) - Schedule 1 Native Title Agreement 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) | Native Title (Australia) | Public Company | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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