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Ergon Energy and Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA) | | Date: | 2 April 2015 | | | Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) | | Place: | Located in the vicinity of Weipa | | State/Country: | Queensland, Australia | | The Agreement Area covers about 6,944 square kilometres and is located approximately 75 kilometres north east of Weipa on the Cape York Peninsula in the state of Queensland.
The Agreement Area includes three (3) distinct areas, the details of which are outlined in the Map and Written Description (see attached).
The Agreement Area does not include land and waters within the following:
- QUD269/2008 Gudang Yadhaykenu People (QC2008/008) native title determination application as registered 3rd March 2009;
- QUD6158/1998 Ankamuthi People (QC1999/026) native title determination application as registered 21st September 1999; and
- Mining Leases ML 7031 and ML 7024. | | | | Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 April 2015. This is an Area Agreement under the Native Title Act 1993 (Cth). | | | Legal Reference: | National Native Title Tribunal File No.:QI2014/076 | | | Subject Matter: | Native Title | Oil and Gas | | URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/076 | | | Summary Information: | | | The Ergon Energy and Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- Ergon Energy Corporation Limited; and
- Larry Woosup, Asai Pablo, Charles Woosup, Walter Moses, Anzac McDonnell, Francis Brisbane, Meun Lifu, George Pausa and
Bernard Charlie on their own behalf and on behalf of the Northern Cape York Group #1.
The purpose of the Agreement is to provide consent for the doing of certain Minor Works and Activities, including the development of Council Infrastructure, within the Agreement Area. | | Detailed Information: | | | Commencement
This ILUA was registered with the Register of Indigenous Land Use Agreements on 2 April 2015.
The Extract does not specify a start or end date for the Agreement.
The Extract does note, however, that the Agreement commences in effect from the Execution Date. The Execution Date is defined as the later of:
(i) the day on which the Agreement is executed by all of the Parties ; or
(ii) if the Agreement is executed by all of the Parties but on different days , the last of those days.
However, the following provisions of the Agreement do not commence until the Registration Date, being 2 April 2015:
(a) subclause 4.6;
(b) subclauses 5.1 to 5.3, 5.9 and 5.10;
(c) clauses 6 to 10; and
(d) Schedules 2 and 3.
Native Title Provisions
Future Acts
The Parties consent to the doing of any particular future act and any class of future acts specified in the Agreement.
In particular, the parties consent to Ergon Energy performing any of the following future acts:
(a) Minor Works;
(b) access to the Agreement Area for the purposes of the activities in clause 5.2(a);
(c) use of all land siting electricity infrastructure in existence at the execution date (“relevant Electricity Infrastructure”) and of any adjacent land reasonably required for operational use and maintenance of relevant Electricity Infrastructure;
(d) access to all land referred to in clause 5.2(c) by way of access tracks in existence at the execution date (“relevant access tracks”);
(e) any future acts on Aboriginal land subject to the
prior written consent of the entity holding the Aboriginal Land having been obtained ; and
(f) the grant of any easement, licence or permit over relevant Electricity Infrastructure.
Right to Negotiate
Part 2 Division 3 Subdivision P of the Native Title Act 1993
(Cth) does not apply to any future act, to which the Parties have consented to.
Grant of tenure or other interest
The Native Title party consents to the State of Queensland granting Ergon Energy any tenure or other interest over land within the Agreement Area on which Electricity Infrastructure is
located.
Non-exclusive licence
Where the Native Title Party can do so at law, the Native Title Party grants Ergon Energy a non-exclusive licence to use all land on which any Electricity Infrastructure existing at the
Execution Date (the "relevant Electricity Infrastructure"), is located and all land adjacent to the relevant Electricity Infrastructure which is reasonably necessary for the operation of the relevant Electricity Infrastructure.
Use of Land
Further, the Native Title Party consents to and authorises Ergon Energy’s use of all land on which Electricity Infrastructure existing at the Execution Date (the “relevant Electricity
Infrastructure”) is located and all land adjacent to any of the relevant Electricity Infrastructure which is reasonably necessary for the operation, use, maintenance and repair of the relevant
Electricity Infrastructure.
Powerlines
Where the Electricity Infrastructure is powerlines or other
Electricity Infrastructure located in airspace, the Native Title Party consents to and authorises Ergon Energy’s use of an area of 10 metres on each side of the line on the ground falling
beneath the relevant Electricity Infrastructure for any purpose necessary or incidental to the operation, use, maintenance or repair of the relevant Electricity Infrastructure.
Easements, permits or licence
Where Ergon Energy seeks to obtain an easement, permit or licence from any other person, over land for the use of Electricity Infrastructure, the Parties consent to and otherwise authorise the grant of those interests.
Use of Access Tracks
Where Ergon Energy uses access tracks other than dedicated roads, within the Agreement Area which are in existence on the Execution Date (the “relevant access tracks”) and for the
purpose of accessing the relevant Electricity Infrastructure, the Parties consent to and authorise Ergon Energy and its Contractors to:
(a) use the relevant access tracks for access
purposes;
(b) maintain and repair the relevant access tracks; and
(c) be granted an interest in the nature of an easement, permit or licence over the area covered by those access tracks.
If, before the Execution Date, Ergon Energy had or acquired a right or interest in the Agreement Area under a way-leave agreement, easement, licence, permit, statutory or
contractual access arrangement, Act or Regulation, the Parties:
(a) consent to the exercise of those rights and interests;
(b) agree not to challenge the validity of those rights and interests; and
(c) agree that, to the extent of any inconsistency, those rights or interests prevail over Native Title.
Electricity Infrastructure
"Electricity Infrastructure" means "Works" as defined in section 12(1) of the Electricity Act 1994 (QLD) and includes "Operating Works" as defined in section 12(3) of that Act.
Minor Works
"Minor Works’ are described in Schedule 2. [see attached]
Native Title in the ILUA Area
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Ergon Energy and Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA) Map and Written Description - ( 
Ergon Energy and Northern Cape York Group #1 Indigenous Land Use Agreement (ILUA) Extract - (