| Details of the Agreement
Commencement
The Agreement was registered with the National Native Title Tribunal (NNTT) on 17 June 2014. The Extract does not specify a start or end date, however the Agreement is said to commence on the commencement date which is 22 January 2014.
Agreement
The Agreement operates to provide the parties' consent to certain 'future acts' done by Ergon Energy. These 'future acts' are outlined in the Extract as follows:
a) Minor works, which are defined in Schedule 2 as:
- tree lopping and tree clearing in the area surrounding the infrastructure;
- repairing damaged infrastructure;
- replacing damaged or destroyed infrastructure;
- maintaining and inspecting infrastructure; and
- installation of electricity poles that are tied into the existing powerline system in urban areas/town precincts.
b) Access to the area in order to carry out these minor works;
c) Use of access tracks to access land where minor works are being carried out. Where these access tracks are not dedicated roads, consent is given to allow Ergon Energy to use and maintain these access tracks, as well as be granted an easement, permit or licence over them;
d) Any future acts on Aboriginal Land subject to the prior written consent of the parties having been obtained; and
e) Subject to Cultural Heritage Management Processes stipulated in the Agreement, the grant of any easement, licence or permit over relevant electricity infrastructure.
Native Title Provisions
Clause 20.2 refers to any future acts, except for the surrender of native title, done after 24 October 2013. The parties consent to future acts being done within the Agreement Area provided that written consent has been given.
Right to negotiate provisions do not apply
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
Background
Native Title in the ILUA Area
The agreement area only covers those land and waters which are subject to native title
determination applications:
- QUD6009/99 Ewamian People #2 (QC1999/013) as accepted for registration on 9 July 2002; and
- QUD6018/01 Ewamian People #3 (QC2001/016) as accepted for registration on 27 June 2002.
The Ewamian People have registered two applications for a determination of native title with respect to land and waters in northern Queensland. These are described directly above. The first of these, the Ewamian People #2 claimant application, was filed with the Federal Court of Australia on 18 March 1999 as proceeding QUD 6009 of 1999. It covers land in the Georgetown area in northern Queensland. The second, the Ewamian People #3 claimant application, was filed on 30 April 2001 as proceeding QUD 6018 of 2001. This Ewamian People #3 claim is still ongoing and is not in mediation.
This is also not the first time that the Ewamian People have surrendered land. In 2004 the Ewamian People entered into the Ewamian-Etheride Townships ILUA for the purpose of surrendering native title over the townships of Einasleigh, Forsayth, Mount Surprise and Georgetown. In exchange, the agreement presented the Ewamian People with access to their traditional country through the establishment of three reserves. It also provided them with housing in Georgetown. It is unknown what, if any, benefits the Ewamian People are granted under this specific ILUA.
Barry Fisher, Katie Georgetown, David Hudson, Noel Lacey and Ron Richards on their own behalf and on behalf of Ewamian People #3 are native title claimants for the Ewamian People Native Title Claims: QUD6009/99 and QUD6018/01.
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Ewamian People and Ergon Energy ILUA - Map 1 - ( 
Ewamian People and Ergon Energy ILUA - Extract - (