ATNS - Agreements, Treaties and Negotiated Settlements project

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BHPP - Minerva Indigenous Land Use Agreement (ILUA)
Date:	18 November 1999
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	West south coast
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State/Country:	Victoria, Australia
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Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: VIA1999/00
Subject Matter:	\| Cultural Heritage \| Native Title \| Recognition of Traditional Rights and Interests \| Land Use \| Mining and Minerals
Summary Information:
The BHPP (BHP Petroleum) - Minerva Indigenous Land Use Agreement (the ILUA) enables a pipeline to be built from the Minerva gas field south of Port Campbell National Park in Two Mile Bay on the western side of Victoria's south coast to a gas plant approximately four kilometres north-west. Under the Agreement, the native title parties, the Framlingham Aboriginal Trust and the Kirrae Whurrong Native Title Group, consent to: - the grant of a 30 metre pipeline corridor (easement) over the land; - the grant of a permit and licence to BHP Petroleum to 'construct, own and operate' the pipeline, under sections 12 and 25 respectively of the Pipelines Act 1967 (Vic); - the grant 'of any easement, licence or authority' under section 20 (1) for BHP Petroleum to 'construct, operate, inspect, maintain or repair' the pipeline; and - consent to the 'commencement of operations of the pipeline under section 35 (1A) of the Act.' The ILUA states that these acts of grants are consented to 'despite any impairment of Native Title, or the enjoyment thereof, that may be caused thereby'. The extract of the ILUA from the Register of Indigenous Land Use Agreements does not contain any statements regarding the extinguishment or otherwise of native title in the area of the agreement.