Gkuthaarn and Kukatj People and Ergon Energy Indigenous Land Use Agreement (ILUA)

Gulf of Carpentaria

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 05/06/2020. This is an authorised Area Agreement agreement under the Native Title Act 1993 (Cth).

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

• Ergon Energy Corporation Limited;
• Gkuthaarn and Kukatj Aboriginal Corporation; and
• Gkuthaarn and Kukatj People.
  

The purpose of the ILUA is to gain the consent of the Gkuthaarn and Kukatj People for Ergon Energy to engage in low native title impact activities in the ILUA area as outlined in Schedule 2 of the ILUA (attached below under documents).

The Native Title Representative Body for this area is Carpentaria Land Council Aboriginal Corporation and 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 future acts, from it's registration date.

This agreement may be terminated:

• by the written consent of all the parties;
• if a determination is made that native title does not exist within any part of the determination application area;
• if native title no longer exists in the area; or
  
• if a native title claim is made on behalf of persons other than the Gkuthaarn and Kukatj People over the ILUA area and is registered.
  

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 doing of the future acts outlined in this agreement.

Extinguishment:

The parties agree that the non-extinguishment principle applies. This means that under s24EB(3) of the Native Title Act 1993 (Cth) 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 doing of certain acts, including;

• inspecting, maintaining, repairing and reinstating electricity infrastructure or access tracks;
• tree looping and clearing in the immediate vicinity of electricity infrastructure, as required for safe operation and use of electricity infrastructure, or, as required by public health and safety;
• installing street lights poles and service poles that are tied into the existing powerline system;
• performing of statutory duties and responsibilities under the Electricity Act, Electricity Regulation or other laws;
• the grant of any valid lease, easement, permit, license or other interest to Ergon Energy which was operative prior to the execution date from the owner or occupier of land for a use of or incidental to the performance of statutory duties and responsibilities under the Electricity Act, Electricity Regulation or other laws;
• the exercise by Ergon Energy of any rights or obligations under any way-leave agreement, easement, license, permit or other interest over land or waters that are validly operative as at the execution date;
• accessing the ILUA area for the purpose of undertaking any of the low native title impact activities.
  

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination George on behalf of the Gkuthaarn and Kukatj People v State of Queensland [2020] FCA 1310 (FCA file no.: QUD29/2019, NNTT file no.: QCD2020/002).

Related Entries

Documents

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