Gumugal and Ergon Energy Electricity Indigenous Land Use Agreement (ILUA)
|Binomial Name: ||AM|
|Date: ||7 November 2002|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Mabuiag Island, Torres Strait|
|The ILUA covers the area of the Mabuiag People #1 native title claim Determination Area (National Native Title Tribunal file no.: QC96/47). The area is described on the extract from the Register of Indigenous Land Use Agreements as 'the land and inland waters of Mabuiag Island being Lot 2 on Plan TS 168, Koiksugai (Red Fruit) Islet being Lot 23 on Plan TS275, Aipus Island Being Lot 24 on Plan TS 275, Marte Islet being Lot 22 on Plan TS 275, Yadi (Iadi) Islet being Lot 21 on Plan TS 275, Widul Island being Lot 25 on Plan TS 275, Pururai Island being Lot 41 on Plan TS 275, Pulu Islet being Lot 27 on Plan 275, Kamutnab Islet being on Plan TS 275, Mipa Islet being Lot 28 on Plan TS 275, Kongan Rock being Lot 26 on Plan TS 275, Warukuikul Talab (Warakuikul Tabab) Island being Lot 29 on Plan TS 275, Talab (Florence) Island being Lot 30 on Plan TS 275, Kaub Islets (made up of Lots 31, 32, 33 & 34 on Plan TS 275), Poigilag (Puigulag) Islet being Lot 24 on Plan USL 36846, Pelican Islet being Lot 25 on Plan USL 36846, Subur Islet being Lot 26 on Plan USL 36846 and Bupu (Passage) Islet being Lot 35 on Plan TS 275 on the landward side of the high water mark' and excluding the following areas which were marked on a map attached to the determination order from the Federal Court '(a) Lot 3 on Plan TS 173;
(b) Lot 42 on Plan TS 284 described as SL 43/38567 to The Corporation of the Synod of the Diocese of Carpentaria for church purposes; (c) The Roads as more particularly shown on the map annexed to the Determination Order; (d) The land east of the Community Hall on which the Telstra mast and equipment shelter are situated, including any adjacent land the use of which is or was necessary for, or incidental to, the construction, establishment or operation of the installation; (e) The land on which Ergon Energy Corporation power station is situated including any adjacent land the use of which is or was necessary for, or incidental to, the construction, establishment or operation of the installation being Lease P in SP127308; and (f) The Airstrip as contained in Lot 56 on Plan TS 346.' See the map available via the Gallery link on this page.
The ILUA is within the Mabuiag Island Council local government area and the Torres Strait Regional Authority ATSIC region.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No: QI01/68|
|Payments:||Compensation - Compensation for future construction of facilities for services to the public will be determined by the provisions allowed under section 24KA of the Native Title Act 1993 (Cth). (See the summary note information for further reference).|
|Subject Matter:||Housing, Construction and Infrastructure | Cultural Heritage | Future Act | Land Transaction | Land Use | Native Title|
|Summary Information: |
|The Gumugal and Ergon Energy Electricity Indigenous Land Use Agreement (the ILUA) sets out parameters for operation and maintenance of existing electricity infrastructure in the area of the Gumulgal Mabuiag People's native title determination. The ILUA also sets out a process for validation of future works. The agreement is made between electricity providers Ergon Energy Corporation and the Gumulgal Mabuiag People native title holders, represented by their native title body corporate (NTBC) Gumulgal (Torres Strait Islander) Corporation. A determination that native title exists in the area of the Mabuiag Islanders #1 native title claim (National Native Title Tribunal file no.: QC96/47) was made in July 2000.|
The conditions for use of existing infrastructure is dealt with in two categories: Ground Based Electricity Infrastructure (GBEI) and Overhead Electricity Infrastructure (OEI). The NTBC will grant a licence to Ergon to use land adjacent to GBEI that is needed to operate it and will not grant any other licence inconsistent with that. The NTBC consens to all existing OEI remaining on the determination area and will grant a lease to Ergon to access the OEI to maintain and operate it. It will not grant any leases inconsistent with that.
Under the agreement, Ergon has unrestricted access to its infrastructure, on the condition that Ergon endeavour to take the most direct route of access so as to minimise 'interference' to the NTBC and to do so in a 'culturally appropriate' way.
The ILUA confirms that any future infrastructure falls within the definition of a 'future act' under the Native Title Act 1993 (Cth) (the NTA), which means the acts are invalid. The NTBC consents to these future acts and the ILUA sets out process to validate the acts, as follows:
-Ergon will provide a 'written description of the location, nature and extent of the future works and, if necessary, a plan for the future works' to notify the NTBC;
-The NTBC is able to comment on the proposal within two months;
-Ergon is to consult with the NTBC if requested;
-Ergon agrees to 'seek to modify its plans so as to eliminate or minimise the impact of the future works on native title' if the consultation process establishes that native title rights and interests would be 'significantly affected by the proposed future works'. The ILUA also specifies that compensation for these future construction activities will be dealt with by the provisions of section 24KA of the NTA - this section relates to facilities for services to the public.
For future works that can not be validated through this process, the parties will negotiate an ILUA for the specific matter. Ergon may use any other means of validation under the NTA if ILUA negotiations appear unlikely to succeed after two months.