Coober Pedy Renewable Hybrid Project Indigenous Land Use Agreement (ILUA)

The area covered by this agreement includes approximately 36 hectares south-east of Coober Pedy. This area is described and depicted in Schedule 1, Parts 1 and 2 as the Solar Array Area, the Wind Turbine Area, the Wind Turbine access area, the Powerline Route area, and the Powerline Access area shown on a map. Both of these documents are attached below. The area is within the jurisdiction of the Coober Pedy District Council.

The Coober Pedy Renewable Hybrid Project Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between:

• the Antakirinja Matu-Yankunytjatjara Aboriginal Corporation Registered Native Title Body Corporate; and
• Energy Generation Pty Limited (EnGen)

The ILUA provides consent for EnGen's acquisition of land interests, obtaining of grants, and the undertaking of operations in relation to the Coober Pedy Renewable Hybrid Project.

The Native Title Representative Body for this area is the South Australian Native Title Services Ltd.

Background to the Agreement

Energy Generation Pty Limited is a subsidiary of Energy Developments Pty Limited (EDL). The Coober Pedy Renewable Hybrid Project is owned and operated by EnGen (Energy Developments Pty Ltd). The agreement covers the Wind Turbine Area, the Powerline Area, and the Solar Array Area. For more detail of these areas, see the Extract and Schedules attached.

Commencement and Termination

The Indigenous Land Use Agreement is binding from the date signed by all the parties and will start on the Commencement Date. The agreement will continue until:

• the permanent cessation of all Operations; or
• the date upon which all of the approvals have expired or been terminated for whatever reason; or
• the date upon which all the Land Interests permanently cease to be used for the purposes of the Project

However, the Commencement Date and Termination Date are not specified within the Extract from the Register of Indigenous Land Use Agreements.

Native Title Provisions

The Right to Negotiate

To the extent that these are Future Acts in the ILUA area, the parties agree that the right to negotiate provisions of the NTA under Subdivision P, Division 3, Part 2 of the Act do not apply to the agreed future acts.

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 acquisition by EnGen of Land Interests in relation to the Project;
• the obtaining of EnGen of the Grant to it of Land Interests by the state in relation to the Project;
• the obtaining by EnGen of the Grant to it of Ancillary Approvals by the State in relation to the Project; and
• the undertaking by EnGen of Operations.

Project refers to the Coober Pedy Renewable Hybrid Project, which includes the Solar Array, the Wind Turbines, the Powerline and the Generation Plant.

Solar Array involves concerting sunlight to electrical energy, and is to be constructed and operated as part of the Project.

Wind Turbines are to be used as wind generators, used for converting wind to electrical energy and will also be constructed and operated as part of the Project.

Powerline means the powerline from the Solar Array and the Wind Turbines to the Generation Plan to be constructed and operated as part of the Project.

The location of each of these aspects of the project is included in the map located below.

Native Title in the ILUA Area

The ILUA area is within the area of the native title determination Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474.

Related Entries

References

Documents

Glossary