Kullilli People and Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date: ||12 September 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Grey Range, Bulloo River and Eromanga|
|The Agreement Area covers about 32,185 sq km, located in the vicinity of the Grey Range and Bulloo River, extending north from the New South Wales Border to about 50km south east of Eromanga. This Area is within the boundaries of the Bulloo, Paroo and Quilpie Shire Councils.
The Agreement area is within the Lands and Waters of the the Kullilli People Native Title Determination. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 September 2014. This is an Area Agreement under the Native Title Act 1993 (Cth). |
|Legal Reference: ||National Native Title Tribunal File No.:QI2014/029|
|Subject Matter:||Access | Future Act | Housing, Construction and Infrastructure | Land Use | Native Title|
|Summary Information: |
|The Kullilli People and Ergon Energy Indigenous Land Use Agreement (ILUA) was agreed between:|
- Ergon Energy Corporation Limited; and
- Paola Smith, Peter White, Ronny Watson (also known as Ronald Watson), Stephen Hagan, Judith Conlon, Brenda Fisher, Kayleen Hopkins and Elizabeth McAvoy on behalf of the Kullilli People (QUD80/2009).
The purpose of this Area Agreement is to provide consent from the Kullilli People to Ergon Energy Corporation Limited to perform a number of acts, including future acts, within the Agreement Area.
|Detailed Information: |
| Commencement |
The Agreement was registered with the National Native Title Tribunal (NNTT) on 12 September 2014.
The Extract notes, however, that the Agreement commences and can be enforced from the date of execution. The Extract does not identify the execution date.
As an exception to the Agreement's general commencement on the execution date, sub-clauses 4.5, 5.1, 5.2, 5.3, 5.9, 5.10, clauses 6-10, schedules 2 and 6 commence on the registration date, being 12 September 2014.
The Agreement notes that if, after registration on 12 September 2014 the Agreement is removed from the Register (pursuant to Clause 27.3) the terms and conditions which are contained within the clauses and schedules listed in clause 3.2
of the Agreement will remain in force.
Native Title Provisions
Pursuant to clause 5.1, the Kullilli People and Ergon Energy consent to the doing of any future acts, or any class of future acts set out in the Agreement.
Consent for the performance of future acts extends to:
- Minor Works;
- Access to the ILUA area for the purpose of performing Minor Works;
- use of land relevant to Electricity Infrastructure, and any adjacent land required to operate and maintain Electricity Infrastructure;
- Access to land required for Electricity Infrastructure by way of access tracks that exist at the time of the execution date;
- Future Acts on Aboriginal land, provided prior written consent is obtained; and
- The grant of any easement, licence or permit over relevant Electricity Infrastructure, subject to the Cultural Heritage Management Processes in the Agreement.
'Electricity Infrastructure' is defined in the Extract as: "Works" as defined in section 12(1) of the Electricity Act 1994 and includes "Operating Works" as defined in section 12(3)".
'Minor Works' is defined in Schedule 2 of the Extract as:
- tree lopping and tree clearing;
- repair work to damaged Electricity Infrastructure;
- restoring damaged or destroyed Electricity Infrastructure;
- maintenance of Electricity Infrastructure;
- inspection of Electricity Infrastructure;
- access; and
- installing and servicing street light poles.
Minor Work Requirements
Schedule 2 of the Extract also outlines the procedures Ergon Energy must observe when carrying out Minor Works. These conditions require Ergon Energy to:
- notify the Kullilli People before the commencement of the future act;
- reasonably limit interference and damage to the Agreement area;
- reasonably limit interference with the Kullilli People and respect their privacy;
- observe the standard of skill and safety required of an electricity entity under the Electricity Act 1994 when performing minor works; and
- expeditiously take reasonable steps to rehabilitate any damage or interference caused to the Agreement area.
Schedule 2 also notes that unless it is required by law, it is not necessary to give notice to the Kullili People where the only parts of the Agreement Area where works are being conducted are open to the public, or where access is required by Ergon Energy to exercise or enforce regulatory powers due to a possible breach of the law.
It is also explictly noted in Schedule 2 that consent is not given to Ergon Energy to access buildings that are used as a dwelling.
Right to Negotiate
Clause 5.10 of the Agreement notes that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any future act to which the parties have consented in the Agreement, as the alternative consultation provisions are to be followed instead.
Grant of Tenure
The State of Queensland has consent from the The Kullilli People to grant Ergon Energy any tenure or other interests on which Electricity Infrastructure is located within the Agreement Area, without prejudice to any rights the Kullilli People might have to compensation from the Queensland government.
Additionally, clause 8.1 provides that if Ergon Energy had acquired a right or interest in the Agreement Area under an easement, licence, way-leave agreement, permit, statutory or contractual access arrangement, Act or Regulation, before the execution date; the parties:
- consent to those rights and interests being exercised;
- recognise the validity of such rights and interests; and
- consent that those rights and interests prevail over Native Title, to the extent of inconsistency.
Native Title in the ILUA Area
The Agreement Area covers all the land and waters within the boundaries of Native Title determination Kullilli People (QC2009/001; QUD80/2009), as accepted for registration 19 October 2011.
On 2 July 2014 in the Federal Court decision in consent determination Smith on behalf of the Kullilli People v State of Queensland  FCA 691 it was found that native title exists in the entire determination area.
The Agreement Area also lies on the external boundaries of Native title Determination Applications for the Wonkumarra People (QC2008/003; QUD52/08); Boonthmurra People (QC2006/015; QUD435/06); Mardigan People (QUD26/07; QC2007/001)and the Budjiti People (QC2007/002; QUD53/07). However the Agreement area does not fall within the lands and Waters of those Native Title Applications.