Ergon Energy and Girramay Indigenous Land Use Agreement (ILUA)
|27 May 2010
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|The ILUA area covers approximately 14 square kilometres of land variously distributed around Cardwell, Kennedy and Bilyana. The agreement area is located within the jurisdiction of the Cassowary Coast Regional Council.
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 May 2010. This is an Area Agreement under the Native Title Act 1993 (Cth).
|National Native Title Tribunal File No. QI2009/065.
|Access | Consultation | | Land Use | Native Title
|This ILUA was agreed between:
- Mr Abraham Muriata (on behalf of the Girramay People); and
- Ergon Energy Corporation Ltd.
The ILUA was developed to accompany the consent determination in Abraham Muriata on behalf of the Girramay People v State of Queensland & Ors (unreported, FCA, 10 December 2009, Dowsett J). This determination found that the Girramay people held non-exclusive native title rights and interests over 16 parcels of unallocated State land stretching from Cardwell to Bilyana and the Murray Upper area. The ILUA is one in a series of four ILUAs that aim to clarify how the rights established in the consent determination are to be 'carried out on the ground' (see AIATSIS, Native Title Newsletter).
The purpose of the ILUA is to provide consent for the doing of certain future acts by Ergon Energy Corporation Ltd, which includes maintaining electricity infrastructure, accessing the agreement area for the purpose of such activities and granting licences or permits over the electricity infrastructure.
|Consent to 'minor works' and maintenance of electricity infrastructure
The parties consent to the performance of 'minor works' and maintenance of electricity infrastructure by Ergon Energy Corporation Ltd.
Minor works are defined as:
- tree lopping and tree clearing to enable the safe operation of electricity infrastructure;
- repairs to such infrastructure;
- reinstatement of damaged infrastructure to its previous condition;
- maintenance and inspection of such infrastructure; and
- performance of an statutory duties or responsibilities.
The parties similarly consent to Ergon Energy's access to the ILUA area so as to perform any of the above listed activities. Ergon Energy may access all land on which the electricity infrastructure is located (and any adjacent land that mut be accessed for the operation or maintenance of the infrastructure). Ergon energy may use pre-existing 'access tracks' to access these areas.
Ergon Energy may grant easements, licences or permits over the electricity infrastructure or access tracks. Such grants must however comply with Cultural Heritage Management processes stipulated within the ILUA.
Consent to future acts on 'Aboriginal Land'
The ILUA also provides consent for the doing of any future acts on that portion of land contained within the agreement area that is recognised as 'Aboriginal Land' under the Aboriginal Land Act 1991 (Qld). To be recognised as such, the land must have been transferred or granted by the Queensland Government to the Girramay People(to be held on trust). Before such future acts can take place, written consent to the acts must be provided from the Girramay People Aboriginal Corporation.
The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
Native Title in the ILUA Area
The ILUA area is located within the Determination Area of native title made in the proceeding Abraham Muriata on behalf of the Girramay People v State of Queensland & Ors (unreported, FCA, 10 December 2009, Dowsett J) by the Federal Court of Australia. Under the Native Title Act 1993 (Cth) any activity that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid. The ILUA entitles the parties to circumvent these provisions.