Background to the Agreement
Energy Generation Pty Limited is a subsidiary of Energy Developments Pty Limited (EDL). The Coober Pedy Renewable Hybrid Project is owned and operated by EnGen (Energy Developments Pty Ltd). The agreement covers the Wind Turbine Area, the Powerline Area, and the Solar Array Area. For more detail of these areas, see the Extract and Schedules attached.
Commencement and Termination
The Indigenous Land Use Agreement is binding from the date signed by all the parties and will start on the Commencement Date. The agreement will continue until:
- the permanent cessation of all Operations; or
- the date upon which all of the approvals have expired or been terminated for whatever reason; or
- the date upon which all the Land Interests permanently cease to be used for the purposes of the Project
However, the Commencement Date and Termination Date are not specified within the Extract from the Register of Indigenous Land Use Agreements.
Native Title Provisions
The Right to Negotiate
To the extent that these are Future Acts in the ILUA area, the parties agree that the right to negotiate provisions of the NTA under Subdivision P, Division 3, Part 2 of the Act do not apply to the agreed future acts.
The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the NTA, any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests. Instead, they are revived when the activities are finished.
Future act provisions
The parties agree to:
- the acquisition by EnGen of Land Interests in relation to the Project;
- the obtaining of EnGen of the Grant to it of Land Interests by the state in relation to the Project;
- the obtaining by EnGen of the Grant to it of Ancillary Approvals by the State in relation to the Project; and
- the undertaking by EnGen of Operations.
Project refers to the Coober Pedy Renewable Hybrid Project, which includes the Solar Array, the Wind Turbines, the Powerline and the Generation Plant.
Solar Array involves concerting sunlight to electrical energy, and is to be constructed and operated as part of the Project.
Wind Turbines are to be used as wind generators, used for converting wind to electrical energy and will also be constructed and operated as part of the Project.
Powerline means the powerline from the Solar Array and the Wind Turbines to the Generation Plan to be constructed and operated as part of the Project.
The location of each of these aspects of the project is included in the map located below.
Native Title in the ILUA Area
The ILUA area is within the area of the native title determination Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia  FCA 474.