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 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  FCA 1249 (Ewamian People #3).