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Barada Barna and Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 August 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Nebo Area
State/Country:Queensland, Australia
The ILUA is located in the local government regions of Central Highlands Regional Council, Isaac Regional Council and Mackay Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 30 August 2016. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: QI2016/008.
Subject Matter:Access | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/008
Summary Information:

The Barada Barna and Ergon Energy Indigenous Land Use Agreement (ILUA) was agreed on 30 August 2016, under the provisions of the Native Title Act 1993 (Cth) between Ergon Energy and Les Budby and Cecil Brown Jr on their own behalf an don behalf of the the Barada Barna People.

The agreement area covers 15,469 sq km near Nebo and Moranbah, approximately 60 km south of Mackay, and is within the external boundary of the claim area for the Barada Barna People.

The purpose of the ILUA is to provide consent for Ergon Energy to access the land, for the purpose of their business and infrastructure.

Detailed Information:

Details of the Agreement:

The agreement area covers 15,469 sq km near Nebo and Moranbah, approximately 60 km south of Mackay.

Commencement:

The ILUA commenced on 30 August 2016. From the execution date, the agreement is binding, of a type referred to in the Aboriginal Cultural Heritage Act 2003 (Qld). Execution date means the date the last party signed the agreement. From the registration date, the agreement is an Indigenous Land Use Agreement binding on all parties and those who hold native title in the agreement area.

Native Title Provisions:

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

Ergon Energy and its contractors have permission to undertake low native title activities on the land, as outlined in schedule 2 of the agreement. Low native title activities include: maintaining electricity infrastructure, street lights, power line poles, access to tracks, and tree lopping and clearing. Ergon Energy can be granted leases, easements, permits, licences or any way-leave agreement to access the land for the purpose of electricity regulation. For further details about what constitutes low native title impact activities see Schedule 2 attached below under documents.

Native Title in the ILUA Area:

The agreement area includes all land and waters within the external boundary of native title determination application QUD380/2008 Barada Barna People (QC2008/011), excluding all land and waters subject to native title determination application QUD492/2013 Widi People of the Nebo Estate #2 (QC2013/006).


Related Entries

Agreement
  • Budby on behalf of the Barada Barna People v State of Queensland (No 6) [2016] FCA 1267
  • Pegler on behalf of the Widi People of the Nebo Estate #2 v State of Queensland (No 3) [2016] FCA 1272
  • Organisation
  • National Native Title Tribunal
  • Ergon Energy Corporation Limited - Signatory
  • Central Highlands Regional Council
  • Isaac Regional Council
  • Mackay Regional Council
  • Queensland South Native Title Services Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Aboriginal Cultural Heritage Act 2003 (Qld)
  • People
  • Barada Barna People
  • Les Budby and Cecil Brown Jnr on their own behalf and on behalf of the Barada Barna People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2006/008 as at 17/06/2020 (Barada Barna and Ergon Energy ILUA) - ( Thumbnail | PDF | PDF | PDF)

    Glossary

    Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Land Use Agreement (Australia) | Local Government | Native Title Registers | National Native Title Tribunal (NNTT) (Australia)

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