Specimen Hill Wind Farm Project Indigenous Land Use Agreement (ILUA)

Northeast of Biloela, Central Region

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 22 January 2021. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Specimen Hill Windfarm Project Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• Specimen Hill Windfarm Pty Ltd ATF SHWF Unit Trust and
• the First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to provide consent for the establishment and operation of the Specimen Hill Wind Farm Project in the ILUA area.

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

Details of the Agreement

Background to the Agreement

Specimen Hill Wind Farm is to be located 25km northeast of Biloela and 60km southwest of Gladstone, in the vicinity of the Callide coal mine and power station.

According to its owner, Ark Energy, Specimen Hill Wind Farm will consist of 56 turbines attached to existing high voltage power lines to produce an estimated 336 megawatts of electricity (Ark Energy website, January 2023). It is projected to have a strong night-time profile that complements Queensland's solar resources for continuous energy production.

The Australian Department of Climate Change, Energy, the Environment and Water approved the Project on 14 September 2022 under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (Ark Energy, September 2022).

Commencement and Termination

The ILUA commenced when signed by both parties (11 November 2020). It has effect as an ILUA, and in relation to the agreed future acts, from the date it was registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements (22 January 2021).

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) ofthe Native Title Act 1993 (Cth) any of the activities authorised under this ILUAwhich 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 consent to all acts necessary to the Specimen Hill Wind Farm Project in the ILUA area, and agree to not challenge the validity of the acts in the future. The acts include the establishing, maintaining and decommissioning infrastucture that includes:

• wind turbine generators;
•  substations;
• switchyard;
• energy storage systems;
• electrical connections;
• powerlines and transmission lines;
• wind monitoring masts;
• operation and maintenance facilities;
• overhead and underground electrical cabling;
• hardstands;
• construction compounds;
• access tracks;
• temporary laydown areas; and
• vegetation management and offsets.

Native Title in the Agreement Area

The ILUA is within the native title determination area of Blackman on behalf of the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People v State of Queensland (No 3) [2017] FCA 1637.

Related Entries

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