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Windlab Development Pty Ltd and Yirendali People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 February 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Hughenden
State/Country:Queensland , Australia
The area subject to this agreement covers approximately 3,316 square kilometres and is located in the vicinity of Hughenden. Hughenden is 376km southwest of Townsville and 519km east of Mt Isa.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 7 February 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: QI2011/050
Subject Matter:Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Windlab_Development_Pty_Ltd_and_Yirendali_People_ILUA_QI2011_050.aspx
Summary Information:
The Windlab Development Pty Ltd and Yirendali People Indigenous Land Use Agreement (ILUA) is an agreement between:
- Windlab Developments Pty Ltd; and
- James Hill, Martina Jacobs and Jeffrey Lammermoor on their own behalf and on behalf of the Yirendali People.

The purpose of the agreement is to facilitate the building of a wind farm.
Detailed Information:
Details of the agreement

Commencement

The agreement commences on the day the agreement is executed by all the parties (9 July 2011). Subject to Clause 15 (which provides for termination in certain circumstances), it will operate for the life of the Project and the duration of the acts agreed to in the ILUA.

Future Acts

The parties consent to the following future acts:

- the grant, variation, extension or renewal of any Approval which Windlab considers reasonably necessary or desirable for the undertaking of the Project on any part of the ILUA Area;
- the installation of equipment for the purpose of renewable energy generation;

NOTE: native title will not be extinguished by the doing of any of the agreed future acts and the right to negotiation does not apply. Section 34EB(1)(b)(i) of the Native Title Act 1993 (Cth) applies.

Background

This ILUA has been created to allow for Windlabs to create the Kennedy Wind Farm in Northern Queensland. It is anticipated that the wind farm will consist of 300 turbines and a capacity of 750 MW. It will be Queensland's largest renewable energy project. The development application was lodged in late 2011 and construction work is to begin in 2012, once approval has been granted. The project will cost approximately $1.5 billion. Windlab already has two projects in Australia one in Collgar, 250km east of Perth and Oaklands Hill in the Southern Grampians in western Victoria.

The Yirendali people are able to enter into this ILUA because, although they have not been granted Native Title, they are registered on the Register of Native Title Claim. They filed their application on 13 December 2006 (Federal Court file no QUD495/06).

Related Entries

Organisation
  • Windlab Development Pty Ltd
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • James Hill, Martina Jacobs and Jeffrey Lammermoor on their own behalf and on behalf of the Yirendali People

  • Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Applicants | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title Claimants (registered) (Australia) | Registration Test (Native Title Act 1993 (Cth)) (Australia)

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