Combined Mandingalbay Yidinji Gunggandji People and Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date: ||28 June 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Cairns|
|The agreement area is located about 10 kilometres south-east of Cairns. It covers about 80 square kilometres and includes Gunjarra Island, High Island and the Franklin Group National Park.
The agreement falls within the Local Government Authorities of the Yarrabah Aboriginal Shire
Council and Cairns Regional Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28/06/2012.|
|Legal Reference: ||National Native Title Tribunal File Number: QI2011/061|
|Subject Matter:|| | Land Use | Management / Administration | Native Title|
|Summary Information: |
|The Combined Mandingalbay Yidinji Gunggandji People and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Ergon Energy Corporation Limited (applicant); and
- Les Murgha, Charles Garling and Vincent Mundraby on their own behalf and on behalf of the Combined Mandingalbay Yidinji Guggandji People;
The purpose of this agreement is to provide the consent of the native title holders, the Combined Mandingalbay Yidinji Guggandji People, to certain works that Ergon Energy are undertaking in the determination area. |
|Detailed Information: |
|Details of the Agreement
Some ILUA provisions commence at the date of execution and others at the date of registration, 28 June 2012.
The parties agree to Ergon Energy performing certain future acts. These future acts are Ergon Energy:
- performing Minor works which includes tree lopping and tree clearing in the immediate vicinity of Electricity Infrastructure or required for the safe operation or use of the Electricity Infrastructure or public safety, repairing any damaged Electricity Infrastructure, reinstating any damaged or destroyed Electricity Infrastructure, maintaining Electricity Infrastructure, inspecting Electricity Infrastructure and installation of street light poles and service/intermediate poles that are part of existing urban powerline systems;
- accessing the agreement area to perform Minor Works;
- using land siting electricity infrastructure that is in existence at the execution date and of any adjacent land required for operational use and maintenance of the electricity infrastructure;
- accessing the land by access tracks already in existence at the execution date;
- exercising any future acts on Aboriginal land subject to having contained the prior written consent of the entity holding the Aboriginal land; and
- subject to Cultural Heritage Management Processes stipulated in the agreement, the granting of any easement, licence or permit over electricity infrastructure.
The parties agree that the right to negotiate set out in the Native Title Act 1993 (Cth) does not apply to any future act stipulated in this agreement.
Native Title party consent
The Native Title party consents to the State of Queensland granting Ergon Energy any tenure or other interest over land in the ILUA area on which electricity infrastructure is located. This is, however, without prejudice to any rights which the Native Title party may have to compensation from the State of Queensland.
The Native Title party consents to Ergon Energy's use of all land on which electricity infrastructure exists at the ILUA's date of execution. Ergon Energy may also use all land which is adjacent to the electricity infrastructure which is necessary for the operation, use, maintenance and repair of the electricity infrastructure.
Native Title in the ILUA Area
There has been a determination by the Federal Court that native title exists over approximately 82 square kilometres of the Combined Mandingalbay Yidinji-Gunggandji People’s traditional land (Mundraby & Ors on behalf of the Combined Mandingalbay Yidinji - Gunggandji Claim v State of Queensland (unreported, FCA, 21 September 2012, Dowsett J)).