Gundungurra Taralga Wind Farm Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this ILUA as the unreserved crown land described as Lot 238 DP750046, being the whole of the lands dealt with, and shown on the map in Schedule A.

The area of the Indigenous Land Use Agreement falls within the jurisdiction of the Upper Lachlan Council.

The Gundungurra Taralga Wind Farm Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between:

• RES Southern Cross;
• Elsie Stockwell (on behalf of the Gundungurra People);
• the Gundungurra Tribal Council Aboriginal Corporation; and
• Anthony Bernard Kelly, MLC, New South Wales Minister of Lands

The purpose of the ILUA is to provide consent for the Minister of Lands to RES Southern Cross for the preparation, construction, operation, maintenance and removal of up to five wind turbines and ancillary infrastructure.

The Native Title Representative Body for this area is the Gundungurra Tribal Council Aboriginal Corporation.

Background to the Agreement

The Gundungurra Taralga Wind Farm is a wind energy project proposed for development by Taralga Wind Farm Nominees No 1 Pty Ltd. This project is owned by Pacific Hydro and consists of 51 turbines that generate a total capacity of 107 megawatts of clean renewable energy (Taralga Wind Farm).

The ILUA refers to the use of the land for the development and maintenance of no more than 5 wind turbines. 

Commencement and Termination

The Indigenous Land Use Agreement is binding from the date signed by all the parties This date is not specified within the Extract from the Register of Indigenous Land Use Agreements.

The agreement has effect as an ILUA from the date it was registered on 13 December 2007 and does not have a stipulated period of operation.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions under Subdivision P, Division 3, Part 2 of the NTA apply to the ILUA. 

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the NTA, any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests. Instead, they are revived when the activities are finished.

Future act provisions

The parties agree to:

• the Minister for Lands, administering the Crown Lands Act 1989 (Cth), granting the lease (for no more than 30 years) to RES Southern Cross for the purposes of the construction and operation of no more than 5 wind turbines to generate electricity;
• the Minister granting together any other related rights, such as easements, necessary for the operation of the wind turbines and cables;
• the acts related to the establishment and management of up to five wind turbines, as mentioned above, include their replacement, removal, and remediation of the ILUA area;
• RES Southern Cross nominating another person to be granted the lease, subject to the Minister for Lands' approval; and,
• any future acts not authorised by this ILUA remain subject to the future act provisions of the NTA and may be utilised by the State in the future.

For more detail, refer to the Extract attached.

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