Gunggari People #4 and Ergon Energy Indigenous Land Use Agreement (ILUA)

Southern central

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 March 2020. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Gunggari People #4 and Ergon Energy Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:

• Ergon Energy Corporation Limited;
• Gunggari Native Title Aboriginal Corporation RNTBC; and
• Gunggari People #4.
  

The purpose of the ILUA is to consent to the doing of certain acts intended to maintain electricity infrastructure by Ergon Energy in the ILUA area.

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

Details of the Agreement:

Commencement and Termination:

The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration on 13 March 2020. The ILUA may be terminated at any time by written agreement of the parties.

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 the acts agreed to under this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions:

The parties agree to the doing of certain activities by Ergon Energy and its contracts which have a low impact on native title. These activities include inspecting, maintaining, and repairing electricity infrastructure and tree lopping.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402. (FCA file no.: QUD19/2019, FCA file no.: QCD2019/005).

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