ATNS - Agreements, Treaties and Negotiated Settlements project

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Enertrade - Jetimarala CQGP Indigenous Land Use Agreement (ILUA)
Date:	31 October 2006
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Duaringa Shire Council and Fitzroy Shire Council l
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State/Country:	Queensland, Australia
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	From the NTT register: The ILUA area is the land or waters for a width of two kilometres passing from part of Fitzroy River in an easterly direction to Melaleuca Creek.
Legal Status:	Registered on the National Native Title Tribunal R
Legal Reference:	National Native Title Tribunal File No: Q12006/033
Subject Matter:	\| Native Title \| Access
Summary Information:
The Indigenous Land Use Agreement (the 'ILUA') was settled between Enertrade, a corporation owned by the Queensland government, and Randolph Powder and others acting on their own Behalf and on Behalf of the Jetimarala People. The ILUA relates to the Central Queensland Gas Pipeline Project. It provides for the parties' consent to: 'a) the Project Rights; b) any other act necessary or expedient to give effect to the Project and any act necessary to enable the Project to proceed in accordance with all Applicable Laws, Applicable Authorisations and any works necessary of desirable to develop, construct, operate, or maintain the structures and works comprising the Project, in the ILUA area and agree not to challenge their validity at any time in the future.' (NNTT) 'Project Rights' is defined in the ILUA as 'all approvals, consents, licenses, titles, renewals an other entitlements that may be required for the Project in the ILUA area'. The ILUA states that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the grant of the Project Rights. Background From 2003-2004 Enertrade constructed a 400km gas pipeline running through North Queensland. There are three registered ILUAs related to that project. Following North Queensland project, it was decided that the pipeline should be expanded and that existing Enertrade gas compression facilities located at Moranbah should also be expanded. The subterranean pipeline will transport gas from the Bowen Basin coalfields (at Moranbah) to industrial Customers in Gladstone (Enertade 2004). The new pipeline will be approximately 440km long. The project is expected to cost approximately $200 million and provide up to 300 local jobs (Enertrade 2004). At this stage there are two further registered ILUAs related to the CQGP project.