Masigalgal / Ergon Energy Electricity Indigenous Land Use Agreement (ILUA)
|Date: ||7 November 2002|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The ILUA covers the parcels of land on Yorke Island where native title was determined to exist in the Masig People's native title claim Determination Area (National Native Title Tribunal file no.: QC96/53 and QC96/35). The area is described on the extract from the Register of Indigenous Land Use Agreements as 'the land and inland waters of Masig (Yorke) Island being Lot 10 on Plan TS 179, Kadal (Kodall) Islet being Lot 40 on Plan TS 202, Umaga (Keats) Island being Lot 54 on Plan TS 210, Igaba (Marsden) Island being Lot 39 on Plan TS 202, Kabbikane Islet being Lot 41 on Plan TS 202, Mimay (Mimi) Islet being Lot 52 on Plan TS 210, Aukane Islet being Lot 42 on Plan TS 202, Yau (Layoak) Islet being Lot 51 on Plan TS 210, Mauar (Rennel) Island being Lot 46 on Plan TS 205, Roag (Smith) Cay being Lot 26 on Plan USL 36850, Damuth (Dalrymple) Islet being Lot 47 on Plan TS 206 and Bak (Bourke) Island being Lot 43 on Plan TS 202 the landward side of the high water mark' excluding '(a) Lot 28 on Plan TS 253 described as SL 43/38565 to the Corporation of the Synod of the Diocese of Carpentaria for church purposes; (b) The Roads as more particularly shown on the map annexed to the Determination Orders (c) The land within Lot 10 on Plan TS 179 which comprised Special Lease 43/42976 being land on which the Telstra mast and equipment shelters are situated; (d) The land on which Ergon Energy Corporation power station is situated including any adjacent land the use of which is or was necessary for, or incidental to, the construction, establishment or operation of the installation being Lease P in SP127311; and (e) The Airstrip being Lot 56 on Plan TS 255'. This area is identified on a map attached to the determination order from the Federal Court - see also the map available via the Gallery link on this page.
The ILUA is within the Yorke Island Council local government area and the Torres Strait Regional Authority ATSIC region.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No: QI01/70|
|Payments:||Compensation - Compensation for future construction of facilities for services to the public will be determined by the provisions allowed under section 24KA of the Native Title Act 1993 (Cth). (See the summary note information for further reference).|
|Subject Matter:||Housing, Construction and Infrastructure | Cultural Heritage | Native Title | Future Act | Land Transaction | Land Use|
|Summary Information: |
|The Masigalgal and Ergon Energy Electricity Indigenous Land Use Agreement (the ILUA) sets out parameters for operation and maintenance of existing electricity infrastructure on Yorke Island, which is in the area of the Masig People's native title determination. The ILUA also sets out a process for validation of future works. The agreement is made between electricity providers Ergon Energy Corporation and the Masig People native title holders, represented by their native title body corporate (NTBC) Masigalgal (Torres Strait Islander) Corporation. A determination that native title exists in the area of the People of Masig (Yorke Islanders) #1 and Dalrymple (Damuth) Islanders #1 native title claims (National Native Title Tribunal file numbers: QC96/53 and QC96/35 respectively) was made in July 2000.|
The conditions for use of existing infrastructure is dealt with in two categories: Ground Based Electricity Infrastructure (GBEI) and Overhead Electricity Infrastructure (OEI). The NTBC will grant a licence to Ergon to use land adjacent to GBEI that is needed to operate it and will not grant any other licence inconsistent with that. The NTBC consents to all existing OEI remaining on the determination area and will grant a lease to Ergon to access the OEI to maintain and operate it. They will not grant any leases inconsistent with that.
Under the agreement, Ergon has unrestricted access to its infrastructure, on the condition that Ergon endeavours to take the most direct route of access so as to minimise 'interference' to the NTBC and to do so in a 'culturally appropriate' way.
The ILUA confirms that any future infrastructure falls within the definition of a 'future act' under the Native Title Act 1993 (Cth) (the NTA), which means the acts are invalid. The NTBC consents to these future acts and the ILUA sets out process to validate the acts, as follows:
-Ergon will provide a 'written description of the location, nature and extent of the future works and, if necessary, a plan for the future works 'to notify the NTBC';
-The NTBC is able to comment on the proposal within two months;
-Ergon is to consult with NTBC if requested;
-Ergon agrees to 'seek to modify its plans so as to eliminate or minimise the impact of the future works on native title' if the consultation process establishes that native title rights and interests would be 'significantly affected by the proposed future works.' The ILUA also specifies that compensation for these future construction activities will be dealt with by the provisions of section 24KA of the NTA - this section relates to facilities for services to the public.
For future works that can not be validated through this process, the parties will negotiate an ILUA for the specific matter. Ergon may use any other means of validation under the NTA if ILUA negotiations appear unlikely to succeed after two months.