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

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA in Schedule 1 of the Agreement, attached below in documents.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 22 March 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Bigambul People and Ergon Energy Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between Ergon Energy and Russell Doctor, Elaine Georgetown, Rhonda Sandow and Cyril Logan on their own behalf and on behalf of the Bigambul People (QUD101/2009).

The agreement area covers about 19778 sq km, approx. 192 km west of Brisbane.

The purpose of the agreement is to provide consent for Ergon Energy to do 'low impact native title activities' in the agreement area.

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

Details of the Agreement:

Commencement

The agreement commenced on the registration date: 22 March 2017.

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.

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these rights and interests. The native title rights and interests are instead revived when the activities are finished.

Future act provisions

The Native Title Party consents to Ergon Energy and its contractors undertaking low native title impact activities, in accordance with the procedures set out in Schedule 2 of the agreement (for details see Schedule 2 attached below under documents).

Low native title activities include: maintaining electricity infrastructure, street lights, power line poles, access to tracks, tree lopping and clearing, the granting to Ergon Energy of way-leave agreements, leases, easements, permits, or licences that are valid at the time the agreement commences, accessing the native title agreement area for electricity regulation.

Ergon Energy agrees to give written notice to the Native Title Party for acts that are covered by s 24KA of the Native Title Act 1993 (Cth) (facilities for services to the public) and that are not low native title impact activities. The parties agree that theses act are done under s 24K of the Native Title Act 1993 (Cth) rather than the agreement.

Native Title in the Agreement Area:

This agreement is located within the area of native title recognised in the Federal Court of Australia ('FCA') proceeding Doctor on behalf of the Bigambul People v State of Queensland [2016] FCA 1447 (FCA file no.: QUD101/2009; NNTT file no.: QCD2016/012).

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