Gunggari People and Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date: ||7 August 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|This agreement covers approximately 13,620 square kilometres. The area is located about 70
kilometres southeast of Charleville.
It falls within the Local Government Authorities of the Balonne and Murweh Shire Councils and Maranoa Regional Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 September 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2012/046|
|Subject Matter:||Consultation | Housing, Construction and Infrastructure|
|Summary Information: |
|The Gunggari People and Ergon Energy ILUA was agreed between: |
- Ergon Energy Corporation Limited;
- Kathleen Kearns, Erica Walker, Bernys Faulkner, Bradley Saunders and Marshall Foster on their own and on behalf of the Gunggari People.
The purpose of this ILUA is to provide consent for Ergon Energy to access the ILUA area for various minor works to upkeep the existing electricity infrastructure.
|Detailed Information: |
The Parties consent to Ergon Energy performing any of the following future acts:
(a) Minor Works
Minor Works are described as:
- tree lopping and tree clearing in the immediate vicinity of Electricity Infrastructure or required
for the safe operation or use of the Electricity Infrastructure or for public safety in relation to the operation of the Electricity Infrastructure;
- repairing any damaged Electricity Infrastructure;
- reinstating any damaged or destroyed Electricity Infrastructure to the pre-existing extent;
- maintaining Electricity Infrastructure;
- inspecting Electricity Infrastructure;
- performing any statutory duties or responsibilities under any Act or Regulation;
- accessing the Agreement Area at reasonable times for the purpose of undertaking minor works
- installation of street light poles and service/intermediate poles that are tied into the existing powerline system in urban areas/town precincts.
(b) access to the Agreement Area for the purposes of performing minor works;
(c) use of all land siting electricity infrastructure in existence at the execution date and of any adjacent land necessary for operational use and maintenance of relevant Electricity Infrastructure.
(d) access to all land referred to in (c)by way of access tracks in existence at the
execution date; and
(e) any future acts on Aboriginal Land subject to the prior written consent of the entity holding
the Aboriginal Land having been obtained.
The right to negotiate will not apply to future acts consented to under this agreement.
The Gunggari People also consent to the State of Queensland granting Ergon Energy any tenure or other interest over land within the Agreement Area on which Electricity Infrastructure is located without prejudice to any rights which the Native Title Party may have to compensation from the State of Queensland.
Native Title in the ILUA Area
The Gunggari People first filed a native title application in March 1996. The Gunggari People's non-exclusive native title rights were recognised d in Kearns on behalf of the Gunggari People #2 v State of Queensland  FCA 651 (22 June 2012). This ILUA is one of a number of agreements which recognise the non-native title interests in the area.