|Under the ILUA, the parties NTBC and the applicant consent to the use of land that is under or immediately adjacent to Ground Based Electricity Infrastructure (GBEI). The land must be used for Ergon Energy purposes, and must be necessary for the operation of the GBEI. The parties consent to Ergon Energy being granted an interest (either an easement, permit or licence) over the area of the GBEI.
The parties consent to the grant of a Trustee lease over the site of the power station, identified as Lease F on lot 4 on TS156 on SP150247.This consent extends to the giving of statutory approvals and consents to the Trustee lease, the registration of the Trustee lease, and activities carried out at the power station site in accordance with the Trustee lease.
The NTBC consents to all existing Overhead Electricity Infrastructure (OEI) remaining on the determination area and consents to Ergon Energy having access to the OEI. Maintenance, replacement and ongoing use are also permitted, as is the use of land ten metres either side of the overhead power lines. The parties have been granted an easement, permit or licence for this purpose.
Under the agreement, Ergon have unrestricted access through the ILUA area to their infrastructure. Duties that may be carried out include inspecting, operating, changing, maintaining, removing, repairing or replacing infrastructure. The clearing of vegetation that may interfere with infrastructure is also permitted.
The ILUA confirms that any future infrastructure falls within the definition of a 'future act' under the Native Title Act 1993 (Cth) (the NTA), which means the acts are invalid. However, the parties consent to future acts involving the operation, use, maintenance and repair of existing electricity infrastructure.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.