Mamu People and Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date: ||16 May 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||60 kilometres south of Cairns|
|The ILUA area is located approximately 60 kilometres south of Cairns and covers about 1600 sqaure kilometers of land. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 May 2012. This an authorised Area Agreement under the Native Title Act .|
|Legal Reference: ||National Native Title Tribunal File No.:QI2011/067|
|Subject Matter:||Access | Economic Development | Land Management | Land Use | Native Title|
|Summary Information: |
|The Mamu People and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Ergon Energy Corporation Limited (applicant);
- John Edwards, Victor Maund, Alfred Joyce, Niree Appo, Stephen Brooks, Dean Purcell, Robert Major and Billy Tinkum on their own behalf and on behalf of the Mamu People;
The purpose of this ILUA is to allow for the ongoing provision of electricity services in the ILUA area until a Federal Court determination of native title is finalised (National Native Title Tribunal) and to allow for the doing of certain future acts by Ergon Energy in the ILUA area.|
|Detailed Information: |
|Details of the agreement
The ILUA commences on the Execution Date. This Execution Date is the later of the day on which the agreement is executed by all of the parties or, if the agreement is executed by all the parties on different days, the last of those days.
Consent of the parties to the ILUA
The parties to the ILUA consent to the doing or future acts and classes of future acts specified in the ILUA.
Ergon Energy may perform minor works and have access to the ILUA area to perform these works. Minor works include:
- tree lopping and clearing relating to the operation of the electricity infrastructure;
- repairing any damaged electricity infrastructure;
- reinstating any damaged or destroyed electricity infrastructure;
- maintaining electricity infrastructure;
- inspecting electricity infrastructure;
- accessing the ILUA area to undertake the above activities;
- installing streat light poles and service/intermediate poles.
Ergon Energy may use all land siting electricity infrastructure in existence at the execution date and any adjacent land required for operational use and maintenance of the electricity infrastructure. Ergon Energy may access this land by way of access tracks already in existence at the ILUA execution date.
Ergon Energy may perform any future acts on Aboriginal land if prior written consent of the entity holding the Aboriginal has been obtained.
Ergon Energy may, subject to Cultural Heritage Management Processess, grant any easement, licence or permit over the electricity infrastructure.
The right to negotiate under Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) does not apply to any future act to which the parties have consented.
Where Ergon Energy uses access tracks other than dedicated roads, Ergon Energy and its contractors may use the access tracks for access purposes, maintain and repair the access tracks and be granted an interest in the nature of an easement, permit or licence over the area covered by those tracks.
Apart from the surrender of native title rights and interest, any future act may be performed after the registration date in relation to any part of the ILUA area that is Aboriginal land.
Consent of the Native Title Party
The State of Queensland may grant Ergon Energy any tenure or other interest over land within the ILUA area on which electricity infrastructure is located. This is without prejudice to any rights which the Native Title Party may have to compensation from the State of Queensland.
Background to Native Title in the ILUA area
The Ma:Mu People are registered claimants in an application made 6 April 2001 for a determination of native title in proceeding QUD 6014 of 2001 in the Federal Court of Australia. Their claim relates to about 1596 square kilometres of land and waters in the Innisfail region of northern Queensland, and is currently in mediation. The land subject to their claim overlaps with the area covered by this ILUA. |