Ergon Energy and Tableland Yidinji People Indigneous Land Use Agreement (ILUA) |
| Date: | 13 December 2012 | |
| Sub Category: | Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | In the vicinity of Cairns |
| State/Country: | Queensland, Australia |
| The area subject to this agreement covers about 437 square kilometres and is located south west
of Cairns extending south to Atherton and west to Walkamin. |
| |
| Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 December 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). | |
| Legal Reference: | National Native Title Tribunal File Number: QI2012/066 | |
| Subject Matter: | Access | Future Act | | Management / Administration | Native Title |
| URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD-RegisteredILUA-ErgonEnergyandTablelandYidinjiPeopleILUAQI2012066.aspx | |
| Summary Information: | |
| The Ergon Energy and Tableland Yidinji People Indigneous Land Use Agreement (ILUA)is an agreement between:
- Ergon Energy Corporation Limited; and
- Lloyd Stewart (aka Con Stewart), Evelyn (Dawn) Johnson, Catherine (Nola) Joseph and Peter Rosas on their own behalf and on behalf of the Tableland Yidinji People #3 (QUD208/04) and Tableland Yidinji People (QUD6030/99).
The purpose of the agreement is for the parties to give their consent to the doing of particular Future Acts. |
| Detailed Information: | |
| Details of the Agreement
Commencement
While the Agreement commences on the Execution Date, the following provisions of the Agreement do not commence until the Registration Date, 13 December 2012:
(a) subclause 4.5;
(b) subclause 5.1 to 5.3, 5.9 and 5.10
(c) clause 6 to 10; and
(d) Schedules 2 and 6.
Parties consent
The Parties consent to the doing of any particular future act and any class of future acts
specified in this Agreement.
The Parties consent to Ergon Energy performing any of the following future acts:
(a) Minor Works;
(b) access to the Agreement Area for the purposes of such minor works;
(c) use of all land siting existing electricity infrastructure ("relevant Electricity Infrastructure") and of any adjacent land required for operational use and maintenance of relevant Electricity Infrastruture;
(d) access to all land referred to above by way of access tracks ("relevant access tracks")
(e) any future acts on Aboriginal land, subject to the prior written consent of the entity holding the Aboriginal Land; and
(f) subject to Cultural Heritage Management Processes stipulated in the Agreement, the grant of any easement, licence or permit over relevant Electricity Infrastructure.
'Minor works' are defined in Schedule 2 of the Agreement. The following future acts are Minor Works:
(a) 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 for public safety in relation to the operations of the Electricity Infrastructure;
(b) repairing any damaged Electricity Infrastructure;
(c) reinstating any damaged or destroyed Electricity Infrastructure to the pre-existing extent;
(d) maintaining Electricity Infrastructure;
(e) inspecting Electricity Infrastructure;
(f) accessing the Agreement Area at reasonable times for the purpose of undertaking anything
in paragraphs (a) to (f);
(g) installation of street light poles and service/intermediate poles that are tied into the existing powerline system in urban areas/town precincts only.
The Parties agree that the right to negotiate contained in 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, within this Agreement.
The Tableland Yidinji People consent to the State of Queensland granting Ergon Energy any tenure or other interest over land within the Agreement Area on which Electricity Infrastructure is
located without prejudice to any rights which the Tableland Yidinji People as native title holders may have to compensation from the State of Queensland.
Where Ergon Energy has an existing right or interest in the Agreement Area under a way-leave agreement, easement, licence, permit, statutory or
contractual access arrangement, Act or Regulation, the Parties:
(a) consent to the exercise of those rights or interests;
(b) agree that those rights or interests are valid; and
(c) agree that, to the extent of any inconsistency, those rights or interests prevail over Native Title.
The parties authorise and consent to the doing of any future act after the Registration Date (other than the surrender of native title rights and interests) in relation to any part of the Agreement Area that is Aboriginal Land. This authorisation is subject to a condition that the entity holding the Aboriginal Land has given its written consent to the future act.
Native Title in the Agreement Area
The agreement area covers all the land and waters within the Tableland Yidinji People #1
and Tableland Yidinji People #3 Native Title Determinations. In these determinations the Federal Court of Australia recognised the native title rights and interests of the Tableland Yidinji People over approximately 437 square kilometres of land in the Cairns and Tablelands Regional Council areas. | |
