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Muluridji People and Ergon Energy Indigenous Land Use Agreement (ILUA)
Date:	20 January 2012
Date To:	Not specified
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	35 kilometres west of Cairns
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State/Country:	Queensland , Australia
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	The area subject to this agreement covers about 1050 square kilometres located approximately 35 kilometres west of Cairns.
Legal Status:	Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 20 December 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	Tribunal file no: QI2011/043
Subject Matter:	Future Act \| \| Native Title \| Native Title - Extinguishment
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Muluridji_People_and_Ergon_Energy_ILUA_QI2011_043.aspx
Summary Information:
The Muluridji People and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement between: - Ergon Energy Corporation Limited; and - Clancy Baker, Ian Connolly and Keith Mathieson Jnr on their own behalf and on behalf of the Muluridji People (QUD 6208/1998); and Clem Riley and Mervyn Riley on their own behalf and on behalf of the Muluridji People #2 (QUD 6035/2001). The purpose of this agreement is allow Ergon Energy to work on electricity infrastructure which falls within the ILUA area.
Detailed Information:
Details of the agreement Commencement The Agreement commenced on the date of execution. Information regarding when the parties executed the document has not been released by the National Native Title Tribunal and it is therefore unknown when the ILUA commenced. Subclause 4.5, subclauses 5.1 to 5.3, 5.9 and 5.10, clauses 6 to 10; and Schedules 2 and 6 commenced on the registration date. If Native title is found not to exist in the ILUA area or it is surrendered, the provisions in the ILUA which relate to Native Title no longer have effect. However, if the Agreement is removed from the Register of Indigenous Land Use Agreements, the agreement will still remain in force. Future Acts The parties consent to the following future acts: - any future act specified in the agreement; - Ergon Energy performing a number of incidental acts e.g. tree lopping (for a full list of these acts refer to schedule 2) and also accessing the ILUA area to perform these acts; - access to land sitting infrastructure (e.g. power lines) and any adjacent area required for the operation use of and maintenance of the land sitting infrastructure. The ILUA further permits Ergon Energy to use access tracks in order to reach land sitting infrastructure and to repair and maintain these tracks; - any future acts on Aboriginal land if prior written consent has been obtained from the relevant land holding body; - the grant of any easement, licence or permit over relevant Electricity Infrastructure so long as compliance with Cultural Heritage Management Processes stipulated in the Agreement are first met. Right to Negotiation The Right to Negotiated as enunciated in Part 2 Division 3 Subdivision P of the Native Title Act does not apply to future acts which the parties have consented to. Other The Muluridji People also consented to the State of Queensland granting Ergon Energy a number of interests over the ILUA area on which Electricity Infrastructure is located. Background The Muluridji People claim (QUD 6208/1998) concerns an application that was lodged in 1998 for the recognition of native title rights and interests over approximately 66 square kilometres in the vicinity of Mareeba in northern Queensland. The Muluridji People #2 (QUD 6035/2001) concerns an application that was lodged in 2001 for the recognition of native title rights and interests over approximately 54.153 square kilometres in the vicinity of Mareeba in northern Queensland. Both of these claims were resolved on 14 December 2011 at the Federal Court hearing in Mareeba where Justice Logan made two consent determinations recognising the Muluridji People's native title rights and interests over 12 030 hectares of land and waters. Prior to the matter being resolved the National Native Title Tribunal convened a number of mediation conferences with the parties which also included the parties negotiating ILUAs, this particular ILUA included, to resolve practical on the ground issues.