Agreements, Treaties and Negotiated Settlements Project

Northern Cape York Group #2 and Ergon Energy Indigenous Land Use Agreement (ILUA)
Date:	28 May 2014
Date To:	not specified
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	In the vicinity of Western Cape York.
State/Country:	Queensland, Australia
	The Agreement Area includes approximately 3950 sq km, located between Weipa and Mapoon and east to Billys Lagoon in western Cape York. The Agreement Area comes within the authority of the Cook Shire Council, Napranum Aboriginal Shire Council and Mapoon Aboriginal Council. The Agreement Area falls within the external boundaries of the Native Title claim applicaiton by the Northern Cape York Group #2 (QUD156/2011). This determination results from the decision of Coconut on behalf of the Northern Cape York #2 Native Title Claim Group v State of Queensland [2014] FCA 629, made on 20 June 2014.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 October 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI1014/036
Subject Matter:	Access \| Future Act \|
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/036
Summary Information:
The Northern Cape York Group #2 and Ergon Energy Indigenous Land Use Agreement (ILUA) is an area agreement entered into by: - Ergon Energy Corporation Limited; and - Maryanne Coconut, Grace John, Malcolm Callope, Charles Budby, Gabriel Mairu, Florence Hector, Ivy Gordon, Andrea Toby, Maurice Woodley, Victoria Kennedy, Celia Fletcher, Agnes Mark, Alma Day,Harriet Flinders, Florence Luff, Neville Motton, Rhonda Parry, Allison Sailor, Raymond AhMat, Linda McLachlan,Michelle Kostecki (nee AhMat) on behalf of the Northern Cape York Group #2 (QUD156/2011). The purpose of the Agreement is to allow Ergon Energy Corporation Ltd access to the area and to perform a number of future acts relating to energy infrastructure.
Detailed Information:
Details of the agreement Commencement The Agreement commences operation on 28 May 2014. Notably, the Agreement was registered on 27 October 2014. The Extract does not specify an end date for the Agreement. Native Title Provisions The purpose of the Agreement is to permit the performance of particular future acts within the Agreement Area. Clause 5.1 of the Agreement stipulates that the parties consent to the doing of such future acts by Ergon Energy including: (a) minor works; (b) obtaining access to the Agreement Area to undertake minor works; (c) use of all "land sitting" electricity infrastructure that exists on the execution date, and use of any adjacent land for operational use and maintenance of relevant Electricity Infrastructure; (d) access to all land or adjacent land by way of access tracks in existence at the Execution Date; (e) any future acts subject to the prior written consent of the Indigenous party to the Agreement; and (f) the grant of any easement, licence or permit over relevant Electricity Infrastructure. Further, the parties agree the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply as the alternative consultation provisions are to be followed instead. Background to the ILUA Native Title in the ILUA Area The area covered by the ILUA falls within all the land and waters covering native title determination application for the Northern Cape York Group #2 (QUD156/2011; QCD2011/003), as accepted for registration on 16 December 2011. On 20 June 2014 it was determined in Coconut on behalf of the Northern Cape York #2 Native Title Claim Group v State of Queensland [2014] FCA 629, that Native title exists in relation to that part of the Determination Area, and is held by the Northern Cape York #2 Native Title Claim Group. Exclusive and non-exclusive rights were granted.