printable versionPrint this page

Bigambul People and Ergon Energy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 March 2017
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA in Schedule 1 of the Agreement, attached below in documents.

State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Balonne Shire Council, Goondiwindi Regional Council, Toowoomba Regional Council, and Western Downs Regional Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 22 March 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/054
Summary Information:

The Bigambul People and Ergon Energy Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between Ergon Energy and Russell Doctor, Elaine Georgetown, Rhonda Sandow and Cyril Logan on their own behalf and on behalf of the Bigambul People (QUD101/2009).

The agreement area covers about 19778 sq km, approx. 192 km west of Brisbane.

The purpose of the agreement is to provide consent for Ergon Energy to do 'low impact native title activities' in the agreement area.

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

Detailed Information:

Details of the Agreement:

Commencement

The agreement commenced on the registration date: 22 March 2017.

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.

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 agreement which may be inconsistent with native title rights and interests do not extinguish these rights and interests. The native title rights and interests are instead revived when the activities are finished.

Future act provisions

The Native Title Party consents to Ergon Energy and its contractors undertaking low native title impact activities, in accordance with the procedures set out in Schedule 2 of the agreement (for details see Schedule 2 attached below under documents).

Low native title activities include: maintaining electricity infrastructure, street lights, power line poles, access to tracks, tree lopping and clearing, the granting to Ergon Energy of way-leave agreements, leases, easements, permits, or licences that are valid at the time the agreement commences, accessing the native title agreement area for electricity regulation.

Ergon Energy agrees to give written notice to the Native Title Party for acts that are covered by s 24KA of the Native Title Act 1993 (Cth) (facilities for services to the public) and that are not low native title impact activities. The parties agree that theses act are done under s 24K of the Native Title Act 1993 (Cth) rather than the agreement.

Native Title in the Agreement Area:

This agreement is located within the area of native title recognised in the Federal Court of Australia ('FCA') proceeding Doctor on behalf of the Bigambul People v State of Queensland [2016] FCA 1447 (FCA file no.: QUD101/2009; NNTT file no.: QCD2016/012).


Related Entries

Organisation
  • National Native Title Tribunal
  • Queensland South Native Title Services Limited
  • Ergon Energy Corporation Limited - Signatory
  • Balonne Shire Council
  • Toowoomba Regional Council
  • Western Downs Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Russell Doctor & others on their own behalf and on behalf of the Bigambul People (QUD101/2009) - Signatory
  • Bigambul People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/054 as at 06/09/2017 (Bigambul People and Ergon Energy Indigenous Land Use Agreement (ILUA)) - ( Thumbnail | Thumbnail | Thumbnail)

    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)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey