Barada Kabalbara Yetimarala People and Lotus Creek Wind Farm ILUA

Date: 9 October 2021
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Central Queensland south of Lotus Creek

State/Country:Australia
The agreement covers approximately 239 sq km and is located about 35 km west of St Lawrence and extends southwest of Lotus Creek. For more details of the area, see Schedule 1 of the ILUA, attached below. The area is within the jurisdiction of the Isaac Regional Council.
Legal Status:

Registered on the Register of Indigenous Land Use Agreements on 28 July 2022. This is an authorised area agreement under theNative Title Act 1993(Cth).

Legal Reference: National Native Title Tribunal file no.: QI2021/015.
Subject Matter:Access | Green Energy | | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2021/015
Summary Information:

The Barada Kabalbara Yetimarala People and Lotus Creek Wind Farm Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between Lotus Creek Wind Farm Pty Ltd and Sam Dallachy, Vanessa Saunders, Norman Ross, Margaret Hornagold, Anthony Henry, Elizabeth Doyle and Davina Tilberoo on behalf of the Barada Kabalbara Yetimarala People.

The purpose of the ILUA is to provide the Barada Kabalbara Yetimarala People's consent for Lotus Creek Wind Farm Pty Ltd to undertake the development, construction, operation, and maintenance of a wind farm in the ILUA area.

Detailed Information:

Background to the Agreement

The proposed Lotus Creek Wind Farm refers to an area with strong winds, access to high voltage transmission lines and good road access with few neighbouring properties. The proposal is set to include a layout of 55 wind turbines which will generate an output of approximately 341 megawatts (Ark Energy website, January 2023).

Commencement and Termination

The ILUA is binding from the date signed by all the parties and will start on the Commencement Date (9 October 2021) and end on the earlier of the Termination Date or on a date agreed by the parties, in accordance with clause 12. However, the Termination is not specified within the Extract from the Register of Indigenous Land Use Agreements.

Native Title Provisions

Right to negotiate

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 consent to:

  • the Agreed Acts; and
  • the undertaking of the Project;

Agreed Acts include the grant, extension, or replacement of any approval which is necessary or desirable for the Project on any part of the ILUA area. This contains any additional approvals relating to the production or transmission of energy from a renewable source or on, from or over the ILUA area.

Project refers to the general works on the wind farm by Lotus Creek 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.

The native title party and the native title claimants further consent and agree to:

  • any Agreed Acts being applied for or Granted to; and
  • the Project or any part of it undertaken by a Third Party, either separately to or jointly with Lotus Creek

Third Party means any person other than the signatories and includes Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland.

Native Title in the Agreement Area

The ILUA area is within the area of the Barada Kabalbara Yetimarala People's application for a determination of native title (FCA file no. QUD13/2019, NNTT file no.: QC2013/004).

The application was accepted for registration on the National Register of Native Title Claims on 2 October 2014. As of 23 January 2023, the application has yet to be determined.


Related Entries

Organisation
  • National Native Title Tribunal
  • Powerlink Queensland
  • Lotus Creek Wind Farm Pty Ltd - Signatory
  • Isaac Regional Council
  • Ark Energy Corporation Pty Ltd
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Barada Barna Kabalbara and Yetimarala People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2021/015 as at 28/07/2022 (Barada Kabalbara Yetimarala People and Lotus Creek Wind Farm Indigenous Land Use Agreement) - ( 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)