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

Category: Agreement
Date: 13 March 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Southern central

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as covering approximately 19,349 sq km, located in the vicinity of the township of Mitchell and extending approximately 30 km south and 178 km north of the Warrego Highway. For details of the area see Schedule 1 attached below under documents. The area is within the jurisdiction of the Murweh Shire Council and Maranoa Regional Council.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: QI2019/029.
Subject Matter:Access | Future Act | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/029
Summary Information:

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.

Detailed Information:

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).


Related Entries

Agreement
  • Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402
  • Organisation
  • National Native Title Tribunal
  • Queensland South Native Title Services Limited
  • Murweh Shire Council
  • Maranoa Regional Council
  • Ergon Energy Corporation Limited - Signatory
  • Gunggari Native Title Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Gunggari People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/029 as at 13/3/2020 (Gunggari People #4 and Ergon Energy ILUA). - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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