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Barada Barna and Lotus Creek Wind Farm Indigenous Land Use Agreement (ILUA) | ||
| Date: | 25 August 2020 | |
| Sub Category: | Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act) | |
| Place: | 180 km north west of Rockhampton | |
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| State/Country: | Queensland, Australia | |
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| 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. According to Schedule 1, the area covers all the land and waters within Lot 799 on PH391, Lot 3161 on PH378, Lot 12 on CP890868, and part of Lot 4 on KL210 (areas where the Barada Barna People's native title was determined to exist in Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271. 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 | Future Act | Green Energy | | 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 ILUA provides the Barada Barna People's consent to the development of the Lotus Creek Wind Farm Project on 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 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 future 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 agree to the Lotus Creek Wind Farm Project. This means the development, planning, construction, commissioning, operation, modification, expansion, extension, maintenance, and decommissioning of the Lotus Creek Wind Farm. The agreement includes:
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. See the Extract for a more detailed description of these activities. Native Title in the Agreement Area The ILUA is within the Barada Barna People's native title area as determined in Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271. | ||
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) - (
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