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Gundungurra Taralga Wind Farm Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 December 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Gundungurra
State/Country:New South Wales, Australia

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.

Legal Status: Registered on the Register of Indigenous Land Use Agreements on 13 December 2007. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal No.: NI2006/002
Subject Matter:Access | Housing, Construction and Infrastructure | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=NI2006/002
Summary Information:

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.

Detailed Information:

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.


Related Entries

Organisation
  • Gundungurra Tribal Council Aboriginal Corporation
  • RES Southern Cross - Signatory
  • Pacific Hydro Pty Ltd
  • Taralga Wind Farm Nominees No 1 Pty Ltd
  • Upper Lachlan Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Anthony Bernard Kelly - Signatory
  • Elsie Stockwell (on behalf of the Gundungurra People) - Signatory
  • Gundungurra People

  • References

    General Reference
    Taralga Wind Farm About Taralga Wind Farm

    Documents

    Map
    Gundungurra Taralga Wind Farm Indigenous Land Use Agreement (ILUA) - ( PDF | PDF)
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for NI2006/002 as at 13/12/2007 (Gundungurra Taralga Wind Farm Agreement) - ( PDF)

    Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Area Agreement (Australia)

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