ATNS - Agreements, Treaties and Negotiated Settlements project

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Ergon - Mer Indigenous Land Use Agreement (ILUA)
Date:	20 April 2007
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Mer Island, Torres Strait
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State/Country:	Queensland, Australia
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	The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'The agreement provides two ILUA Areas; 'ILUA Area 1' and 'ILUA Area 2'. 'ILUA Area 2' being 'all land and waters on Mer Island to the High Water Mark' covers the entirety of 'ILUA Area 1' which is defined as 'all land within Lease E on Lot 48 TS207 on SP181497 and Easement F on Lot 48 on TS207 on SP188868.'
Legal Status:	National Native Title Tribunal File No.: QI 2005/019.
Legal Reference:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20 April 2007. This is a Body Corporate agreement under the Native Title Act 1993 (Cth).
Subject Matter:	\| Native Title
Summary Information:
The Ergon - Mer Indigenous Land Use Agreement (ILUA) was agreed between Ergon Energy Corporation Ltd and Mer Gedkem Le (Torres Strait Islanders) Corporation on 20 April 2007. The purpose of the ILUA is to provide consent for the construction and upkeep of electricity infrastructure on Mer Island in the Torres Strait. The ILUA extract does not specify a specific period of operation.
Detailed Information:
The parties to the ILUA consent to the grant and registration of a lease and easement over the land that is the subject of this agreement, as well as all other acts necessary for the construction, operation and maintenance of the energy infrastructure to be built there. In order to allow access to this area, the parties to the ILUA also agree to the construction of an access track, and the granting of an easement to Ergon Energy over this track. This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.