Chalumbin Wind Farm Area Indigenous Land Use Agreement

Date: 4 November 2022
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Far North Queensland bordering Tully Falls National Park
State/Country:Queensland, Australia
The agreement area covers all the land and waters within the boundaries of the Wooroora Pastoral Lease. This area is described in Schedule 1 and shown on a map in Schedule 2. Both these documents are attached below. The area is within the jurisdiction of the Tablelands Regional Council.
Legal Status:

Registered on the Register of Indigenous Land Use Agreements on 4th November 2022. This is an authorised area agreement under theNative Title Act 1993(Cth).

Legal Reference: National Native Title Tribunal file no.: QI2022/013
Subject Matter:Access | Future Act | Green Energy | | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2022/013
Summary Information:

The Chalumbin Wind Farm Area Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between:

  • Chalumbin Wind Farm Pty Ltd as trustee for the CWF Unit Trust;
  • Angela Braun, Elizabeth Cashmere, Bradley Go Sam and Kathleen Haines on behalf of the Jirrbal #4 Native Title Applicants;
  • Doyle & Co Pty Ltd; and
  • Wabubadda Aboriginal Corporation Registered Native Title Body Corporate

The ILUA provides consent to the development, construction, commissioning, operation, decommissioning, and rehabilitation of a wind farm by Chalumbin Wind Farm Pty Ltd on the native title land and waters within the area.

The Native Title Representative Body for this area is the Wabubadda Aboriginal Corporation Registered Native Title Body Corporate.

Detailed Information:

Background to the Agreement 

The proposed Chalumbin Wind Farm refers to an area within two cattle grazing properties approximately 15 kms south of Ravenshoe in Queensland's far north. It is set to involve 86 wind turbines that will generate about 602 megawatts of clean renewable energy (Ark Energy). The Indigenous Land Use Agreement aims to consent to this project.

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 and end on the earlier of the Termination Date or on a date agreement upon by the parties, in accordance with clause 12. However, these dates are not specified within the Extract from the Register of Indigenous Land Use Agreements.

Native Title Provisions

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.

Extinguishment

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 granting of the Project Rights and the doing of the Project, excluding any carbon abatement interest or wind turbine generators located outside of the area shown in Schedule 4;
  • easement requirements for the Project; and
  • variations or amendments of a Project Right

Project refers to the general works on the wind farm by Chalumbin Wind Farm Pty Ltd within the ILUA Area such as development and construction work. The wind farm also includes wind turbine generators, electrical connections, construction compounds, and more.

Carbon Abatement Interest is the right to obtain the benefit of avoided greenhouse gas emissions in, on, or in relation to land or waters obtained under any state or territory legislation including

  • an 'applicable carbon sequestration right' under the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth); and
  • a 'carbon abatement interest' and 'carbon abatement product' as those terms are defined in the Land Act 1994 (Qld), Land Title Act 1994 (Qld) or Forestry Act 1959 (Qld). 

However, it does not include the right to obtain the benefit of avoided greenhouse gas emissions from the generation of electricity from a renewable source by the Project.

Project Rights means all formal documents such as approvals, lease variations, and permits that are required for the Project. 

For more details, refer to the Extract attached.

Native Title in the ILUA area

The ILUA area is within the area of the Jirrbal #4 native title determination application (FCA file no. QUD983/2015, NNTT file no.: QC2015/014)

This registration was accepted on 9 February 2016.


Related Entries

Organisation
  • National Native Title Tribunal
  • Chalumbin Wind Farm Pty Ltd - Signatory
  • Doyle & Co Pty Ltd - Signatory
  • Wabubadda Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Title Act 1994 (Qld) - Replaced
  • Land Act 1994 (Qld)
  • Forestry Act 1959 (Qld)
  • Carbon Credits (Carbon Farming Initiative Act) 2011 (Cth)
  • People
  • Angela Braun & others on behalf of the Jirrbal #4 Native Title Applicants - Signatory
  • Jirrbal People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2022/013 as at 10/11/2022 (Chalumbin Wind Farm Area Indigenous Land Use Agreement) - ( PDF | PDF | PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia) | Australian Carbon Credit Units