Kowanyama People and Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date: ||5 June 2013|
|Date To: ||http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2013/004|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The agreement covers about 16,540 sqkm located south and northeast of Kowanyama extending south to the Staaten River including a number of pastoral holdings in two different areas.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 June 2013. This is an authorised Area agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2013/004|
|Subject Matter:||Access | Future Act | | Native Title|
|Summary Information: |
|The Kowanyama People and Ergon Energy Indigenous Land Use Agreement(ILUA)was agreed between the following parties:
- Ergon Energy Corporation Limited
- Mr Gary Hudson, Mr Evans Josiah, Mr Griffith Patrick, Mr Dennis Michael, Ms Glenette Greenwool, Mr Ravin Greenwool, Ms Jenny Paul, Ms Donna Brumby, Ms Priscilla Major, Ms Roslyn Gilbert, Ms Una Claude, Ms Corrine Daniel, Mr Kelvin Greenwool, Mr Douglas Eric, Mr Teddy Bernard, Ms Rosemary Henry, Mr Christopher Henry, Mr Roger Inkerman, Ms Lyndell Michelle Anne Jimmy, Mr Roy Dennis Maggable, Ms Hazel Paul, Ms Angela Fiona Edwards, Mr Shaun Kalk Edwards, Ms May Edwards, Ms Lindsay Edwards, Ms Glennis Rose Mudd, Ms Shenane Jago, Mr Colin Lawrence, Mr Arthur Luke, Ms Christine Lawrence, Mr Ivan Jimmy, Ms Shirley Yam, Ms Maria Dick, Mr Robert Holness, on their own behalf and on behalf of the Kowanyama People (QUD6119/1998)
- ABM Elgoring Ambung Aboriginal Corporation
The purpose of this area agreement is to provide consent to all future acts and project activities that take place in the ILUA area.|
|Detailed Information: |
|Details of the agreement
The parties entered into the agreement so as to provide consent to all project activities that take place in the agreement area.
As consented between the parties, Ergon energy can perform the following acts:
- Minor Works
- access to the agreement area
- use of all land siting electricity infrastructure and of any adjacent land required for operational use and maintenance of relevant Electricity Infrastructure
- access to all land referred by way of access tracks in existence
- any Future Acts on Aboriginal Land subject to the prior written consent of the entity holding
the Aboriginal Land
- grant of any easement, licence or permit over relevant Electricity Infrastructure.
Where permitted, the Native Title Party grants Ergon Energy a non-exclusive licence to use all land on which any Electricity Infrastructure is located and all land adjacent to the relevant Electricity Infrastructure which is necessary for the operation of the relevant Electricity
The parties also consent to Ergon energy and their contractors to use access tracks other than dedicated roads for purpose of accessing the relevant Electricity Infrastructure to maintain and repair the relevant access tracks and grant an interest as an easement, permit or licence over the area covered by those access tracks.
It is also agreed between the parties if Ergon Energy had or acquired a right or interest in the agreement area before the execution date under a way-leave agreement, easement, licence, permit, statutory or contractual access arrangement, act or regulation, the parties:
- consent to the exercise of those rights or interests
- agree not to challenge the validity of those rights or interests
- agree that those rights or interests prevail over Native Title.
The agreement commences on the Execution date.
Native Title Provisions
The parties consent that Right to Negotiate does not apply for the future act as per the agreement.
Native Title in the ILUA Area:
The Kowanyama people’s native title consent determination was made on 22 October 2009. The Federal Court has recognised the Kowanyama
People’s exclusive native title rights over about 2,518sq km of Deed of Grant in Trust land in the claimed area. This means the native title holders have the right to possess, occupy, use and enjoy this area exclusively.
The Kowanyama People’s non-exclusive native title rights have been recognised over about 213sq km of sea, beach and tidal areas. Their non-exclusive rights over the land areas include to:
- access, traverse and camp on the areas
- light fires for cultural, spiritual or domestic purposes
- take, use, share and exchange traditional natural resources for non-commercial, cultural, spiritual, personal, domestic or communal purposes
- maintain and protect places of importance and areas of significance under their traditional laws and customs.
Their non-exclusive rights to the water include to:
- hunt, fish and gather for non-commercial, cultural, spiritual, personal, domestic or communal purposes
- take and use the water for non-commercial cultural, spiritual, personal, domestic or communal purposes.