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Tagalaka People and Ergon Energy Indigenous Land Use Agreement (ILUA)
Date:	21 May 2013
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	In the vicinity of the town of Croydon.
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State/Country:	Queensland. , Australia
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	The Agreement Area covers about 29,800 square kilometres km, located in the vicinity of Croydon between the towns Normanton and Georgetown in Far North Queensland. The area is covered by the Carpentaria, Croydon and Etheridge Shire Councils.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 October 2013.
Legal Reference:	National Native Title Tribunal File No.: QI2013/034
Subject Matter:	Access \| Future Act \| \| Native Title
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD-RegisteredILUA-TagalakaPeopleandErgonEnergyILUAQI2013034.aspx
Summary Information:
The Tagalaka People and Ergon Energy Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between: - Ergon Energy Corporation Limited (applicant); - Tagalaka People; and - Tagalaka Tribal Aboriginal Corporation. The purpose of this ILUA is to provide the parties' consent to Ergon Energy accessing and carrying out works on the existing electricity infrastructure that is situated within the agreement area.
Detailed Information:
Details of the agreement Commencement The ILUA was registered with the National Native Title Tribunal on 28 October 2013. The Extract gives the start date as 21 May 2013 and does not stipulate an end date. The Agreement is said to commence on the date that the Tagalaka Tribal Aboriginal Corporation executes the ILUA. Terms of the Agreement The Agreement operates to provide the parties' consent to Ergon Energy performing specified future acts. The Extract provides that these acts are those related to: a) Minor works and access to the relevant land in order to carry out these minor works. This access can be by way of access tracks in existence at the execution date; b) Use of land on which electricity infrastructure is located and any adjacent land required for operational use and maintenance of the infrastructure. Where the infrastructure is power-lines (or any other infrastructure located in airspace) clause 7.3 authorises Ergon Energy to use an area of 10 metres on either side of the power-line for any purpose related to the operation, use, maintenance or repair of the infrastructure; c) The grant to Ergon Energy of a tenure or other interest over land within the ILUA area on which electricity infrastructure is located without prejudice to any rights which the Tagalaka People may have to compensation from the State of Queensland; d) Access by Ergon Energy and its contractors to the agreement area. Clause 9.1(b) also authorises Ergon Energy and its contractors to remain on the agreement area for such time as is reasonably required pursuant to this agreement or to perform any statutory duty or responsibility under any Act or Regulation; e) As per clause 7.7, Ergon Energy's use, maintenance and repair of access tracks other than dedicated roads for the purposes of accessing electricity infrastructure. It also authorises Ergon Energy to be granted an interest in the nature of an easement, permit or licence over the area covered by those access tracks; f) Any future acts on the land covered by the agreement subject to the prior written consent of the Tagalaka Tribal Aboriginal Corporation; and g) Subject to Cultural Heritage Management processes stipulated in the Agreement, the grant of any easement, licence or permit over relevant electricity infrastructure. This is set out in clause 7.6 of the Extract. Schedule 2 describes the minor works referred to in paragraph (a) above as: - tree lopping and tree clearing in the immediate vicinity of the electricity infrastructure or as required for the safe operation or use of the infrastructure; - repairing any damaged infrastructure; - reinstating any damaged or destroyed Electricity Infrastructure to the pre-existing extent; - maintaining and inspecting the infrastructure; - accessing the Agreement Area at reasonable times for the purpose of undertaking the minor works; - installation of street light poles and service/intermediate poles that are tied into the existing powerline system in urban areas/town precincts only. Native Title Provisions Right to negotiate provisions do not apply The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. 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. Background to the Agreement: Native Title in the ILUA Area The consent determination Owens on behalf of the Tagalaka People v State of Queensland [2012] FCA 1396 involved the Tagalaka People over various lands in the Gulf Savannah region around the townships of Croydon, Normanton and East Hayden. This involved two native title applications, lodged in 1998 and 2001. These two applications were heard together due to their geographical proximity. The Federal Court awarded the Tagalaka People exclusive native rights to possession, occupation, use and enjoyment over approximately 105 square kilometres of land within the determination area. Non-exclusive native title was awarded over a further 29,817 square kilometres within the Determination Area (Department of Natural Resources, Queensland Government, 2012). Native title rights and interests were therefore awarded over approximately 29,800 square kilometres of land over 469 parcels in Far North Queensland. Croydon Mayor Trevor Pickering said the ruling affirmed the Tagalaka People as the traditional owners of land and waters within the Croydon shire and congratulated the Tagalaka People on their native title win. The Croydon Shire Council signed an indigenous land use agreement (ILUA) in 2008 with the Tagalaka people giving native title rights over public land held by the council to the Tagalaka people, but allowing for the continued operation of water infrastructure, historical buildings, sports grounds and the airport (The Australian News, 2012). Traditional owner Patrick Wheeler said the land in the area contains many special sites (ABC Rural, 2012). The consent determinations operate alongside a number of ILUAs that the Tagalaka People have negotiated with local councils, pastoralists and service providers.