Back to search results

printable versionPrint this page

Barada Barna and Lotus Creek Wind Farm Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 August 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:West of St Lawrence
State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 364 sq km located approximately 22 km west of St Lawrence and extending northeast of Lotus Creek. For details of the area see Schedule 1 of the ILUA, attached below under documents. The area is within the jurisdiction of the Isaac Regional Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 April 2021. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2021/001
Subject Matter:Access | Green Energy | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2021/001
Summary Information:

The Barada Barna and Lotus Creek Wind Farm Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) between Lotus Creek Wind Farm Pty Ltd and the Barada Barna Aboriginal Corporation RNTBC.

The purpose of the ILUA is to facilitate the development of the Lotus Creek Wind Farm Project.

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 25 August 2020. It has effect as an ILUA, and in relation to the agreed future acts from its registration on 27 April 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 to the acts agreed to under this ILUA.

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 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 consent to the agreed acts and the undertaking of the project.

The agreed acts include the grant or variation of any lease, licence or permit from a government agency, land owner, or state leaseholder that Lotus Creek Pty Ltd reasonably considers necessary or beneficial in order to undertake the Project.

The project means the development, planning, construction, commissioning, operation, modification, expansion, extension, maintenance and decommissioning of the Wind Farm in relation to no more than 4% of the ILUA area, including:

  • Wind turbine generators
  • Substations
  • 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 construction laydown areas

See the Extract for a more detailed description of these activities.

Native Title in the Agreement Area

The ILUA is within the area of the native title determination Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271. (FCA file no.: QUD380/2008, NNTT file no.: QCD2016/007)


Related Entries

Agreement
  • Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271
  • Organisation
  • National Native Title Tribunal
  • Isaac Regional Council
  • Barada Barna Aboriginal Corporation RNTBC - Signatory
  • Queensland South Native Title Services Limited
  • Lotus Creek Wind Farm Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2021/001 as at 27/4/2021 (Barada Barna and Lotus Creek Wind Farm ILUA) - ( 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) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey