Ewamian People - Forsayth Wind Farm Indigenous Land Use Agreement (ILUA)

Date: 30 May 2013
Date To: 30 May 2043
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:East of Forsayth
State/Country:Queensland, Australia

The Extract from the Register of Indigenous Land Use Agreement describes the area covered by this ILUA as about 272 sq km, approx 30 km southeast of Georgetown in the State of Queensland.

Schedule 1 of the ILUA further describes the area as covering all the land and waters within Lot 5 on GB835476 and that part of Lot 4962(sic) on PH2242 that lies north of an east-west unnamed road, excluding the southern severance of Lot 4962.

The ILUA is within the jurisdiction of the Etheridge Shire Council.

Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 January 2014. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2013/076
Subject Matter:Access | Economic Development | Green Energy | | Land Use
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2013/076
Summary Information:

The Ewamian People - Forsayth Wind Farm Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of theNative Title Act 1993(Cth) (the NTA), between:

  • Forsayth Wind Farm Pty Ltd; and
  • Barry Fisher, Katie Georgetown, David Hudson, Noel Lacey and Ron Richards on their own behalf and on behalf of Ewamian People #3.

The purpose of this ILUA is to provide consent for the construction, operation, and maintenance of the Forsayth Wind Farm Project to occur within in the ILUA area.

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA commenced as a binding contract on 30 May 2013. It will end on 30 May 2043, unless extended by Forsayth Wind Farm Pty Ltd for an additional 5 years.

The ILUA became operative in relation to its agreed future acts when registered on the National Native Title Register of Indigenous Land Use Agreements (31 January 2014).

Native Title Provisions

Right to negotiate

The parties agree that Subdivision P, Division P, Part 2 of the Native Title Act (Cth) (NTA) is not intended to apply. This means that the parties agreed that the right to negotiate provisions of the NTA do not apply.

Future act provisions

The parties to this ILUA consent to a number of acts, subject to Forsayth Wind Farm Pty Ltd complying with the terms of the ILUA and the Ancillary Agreement. The acts are outlined in Clause 7 of the ILUA as:

  • the granting and implementation of project rights to Forsayth Wind Farm Pty Ltd, including the creation, grant, registration or transfer of any project rights;
  • the construction, operation, and maintenance of the Forsayth Wind Farm Project (the Project), which includes a series of up to 35 wind turbine power generators and the interconnection of those turbines to an electricity grid. The Project includes all works (including public works as defined in the NTA) necessary or incidental to the Project;
  • the creation, grant, registration or transfer of any project rights to Forsayth Wind Farm Pty Ltd; and
  • the decommissioning of the Forsayth Project and the required rehabilitation within the ILUA Area.

Ancillary Agreement

Ancillary Agreement means the agreement between Forsayth Wind Farm Pty Ltd and the Ewamian Peoples dated 31 May 2013. The Extract does not provide any additional information regarding the Ancillary Agreement.

Native Title in the ILUA Area

The ILUA area is within the Ewamian People's native title area as determined in Fisher on behalf of the Ewamian People #3 v State of Queensland [2013] FCA 1249 (Ewamian People #3).


Related Entries

Organisation
  • Forsayth Wind Farm Pty Ltd - Signatory
  • Etheridge Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Ewamian People
  • Barry Fisher and others on their own behalf and on behalf of Ewamian People #3 - Signatory

  • Documents

    Ewamian People - Forsayth Wind Farm Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Ewamian People - Forsayth Wind Farm Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applicants | Native Title Applications/Claims (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Registers | Proprietary Company