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Combined Gunggandji People and Ergon Energy Indigenous Land Use Agreement

Date: 3 October 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
State/Country:Queensland, Australia
The area subject to this agreement covers about 87 square kilometres, located approximately 8 km east of Cairns in the vicinity of Yarrabah, Queensland.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements
Legal Reference: Tribunal file no: QI2011/017
Subject Matter: | Land Planning | Land Use
Summary Information:
The Combined Gunggandji People and Ergon Energy Indigenous Land Use Agreement (ILUA) was made between Ergon Energy Corporation Ltd (APPLICANT) and Les Murgha on behalf of the combined Gunggandji People.

The ILUA is an area agreement and commenced on the date of execution. The agreement will terminate by agreement in writing signed by the parties. If there is a determination that native title does not exist over the whole of the agreement area, the provisions of the ILUA which relate to native title will cease to apply.

The purpose of the ILUA is to allow Ergon Energy to carry out minor works, to have access to the agreement area in order to carry out the minor works and the use and access to all land which has electricty infrastructure in existence at the execution date.
Detailed Information:
Terms of the ILUA
The parties consent to Ergon Energy undertaking minor works (such as tree lopping required for electricity infrastructure maintainence, repairs, maintainence, inspection and reinstatement of electricity infrastructure) and accessing the agreement area in order to undertake minor works, use and access of all land that has electricity infrastructure in existence and adjacent land required for the continued operation of the infrastructure, any future acts on Aboriginal land where written permission has been given by the entity holding that land and the grant of any easement, licence or permit over relevant electricity infrastructure.

Native title history
Mr Les Murgha and Mr Stewart Harris, on behalf of the Combined Gunggandji People are currently seeking a determination of native title pursuant to the Native Title Act 1993 (Cth). The claim area lies to the south of Cairns, borders Mission Bay and includes the Yarrabah township. There are numerous respondents including the State of Queensland, Yarrabah Aboriginal Shire Council, Ergon Energy Corporation Limited, Telstra Corporation Limited, numerous fisherman and others. The application was accepted for registration in 2008 having passed the registration test.

Related Entries

  • Murgha on behalf of the Combined Gunggandji Claim v State of Queensland [2011] FCA 1511
  • Organisation
  • North Queensland Land Council (NQLC)
  • Ergon Energy Corporation Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Gunggandji People
  • Les Murgha and Stewart Harris on their own behalf and on behalf of the Gunggandji People

  • Glossary

    Aboriginal and Torres Strait Islander (Australia) | Applicant | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Claimants (registered) (Australia) | Native Title Registers | Native Title Representative Body (NTRB) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Registration Test (Native Title Act 1993 (Cth)) (Australia) | Respondent

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