Ergon Energy and Ankamuthi People Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 3 November 2017. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Ergon Energy and Ankamuthi People Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth) between:

• Ergon Energy Corporation Limited; and
• Charles Woosup, George Mamosse, Michael Toby, Asai Pablo, Tracey Ludwick, Ella Hart (Deemal), Nelson Stephen, Ben Tamwoy, Catherine Salee, Mark Gebadi on behalf of the Ankamuthi People (QUD6158/1998).

The agreement area covers a total combined area of 536.74 sq km, over an area approximately 8km north-east of Mapoon that is bordered on the south by the Dulcie River, and an area approximately 40km south-west of Bamaga.

The purpose of the agreement is to provide access to the agreement are for the purpose of maintaining, operating and undertaking minor works to energy infrastructure.

The Native Title Representative Body for this area is the Cape York Land Council Aboriginal Corporation.

Commencement:

This agreement commences from the date of execution, except for the provisions relating to native title which commence on the date of registration.

Termination:

If, pursuant to clause 18.3, the agreement is removed from the Register of Indigenous Land Use Agreements, where permitted by law, the native title provisions of the agreement remain in force.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any future acts that the parties have consented to within this agreement.

Future act provisions

This parties consent to Ergon Energy:

• accessing land for the purpose of doing minor works in the agreement area (minor works are described in Schedule 2 of the Electricity Act 1994 (Qld));
• using land containing existing electrical infrastructure (as defined in s 12(1) of the Electricity Act 1994 (Qld)), and any adjacent land reasonably required for the operational use and maintenance of the existing elecricity infrastructure;
• access by the way of existing tracks;
• any future acts on Aboriginal Land subject to prior written consent of the entity holding that land; and
• the grant of any easement, licence or permit over the existing electricity infrastructure;

Native Title in the Agreement Area:

The agreement is located within the area of native title recognised by the Federal Court of Australia (FCA) in the proceeding Woosup on behalf of the Ankamuthi People #1 v State of Queensland [2017] FCA 831(FCA File No.: QUD6158/1998; NNTT File No.: QCD2017/006).

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