Barada Barna and Lotus Creek Wind Farm Indigenous Land Use Agreement (ILUA)

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 April 2021. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

The Barada Barna and Lotus Creek Wind Farm Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) between Lotus Creek Wind Farm Pty Ltd and the Barada Barna Aboriginal Corporation RNTBC.

The ILUA provides the  Barada Barna People's consent to the development of the Lotus Creek Wind Farm Project on the ILUA area.

The Native Title Representative Body for this area is Queensland South Native Title Services Ltd.

Details of the Agreement

Commencement and Termination

The ILUA is binding from 25 August 2020. It has effect as an ILUA, and in relation to the agreed future acts from its registration on 27 April 2021.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the future acts agreed to under this ILUA.

Extinguishment

The parties agree that the non-extinguishment principle applies - this means that under s 24EB(3) of the Native Title Act 1993 (Cth) 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 Lotus Creek Wind Farm Project.

This means the development, planning, construction, commissioning, operation, modification, expansion, extension, maintenance, and decommissioning of the Lotus Creek Wind Farm. The agreement includes:

• Wind turbine generators
• Substations
• Energy storage systems
• Electrical connections
• Powerlines and transmission lines
• Wind monitoring masts
• Operation and maintenance facilities
• Overhead and underground electrical cabling
• Hardstands
• Construction compounds
• Access tracks
• Temporary construction laydown areas

The agreed acts include the grant or variation of any lease, licence or permit from a government agency, land owner, or state leaseholder that Lotus Creek Pty Ltd reasonably considers necessary or beneficial in order to undertake the Project.

See the Extract for a more detailed description of these activities.

Native Title in the Agreement Area

The ILUA is within the Barada Barna People's native title area as determined in Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271.

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