ATNS - Agreements, Treaties and Negotiated Settlements project

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Enertrade - BBKY #4 CQGP Indigenous Land Use Agreement (ILUA)
Date:	16 November 2006
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Beylando Shire Council, Broadsound Shire Council
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State/Country:	Queensland, Australia
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	The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'the area is lcoated in Central Queensland, being a 2 kilometre wide buffer commencing in the vicinity of Moranbah and extending south-easterly towards Middlemount.'
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No.: QI2006/02
Subject Matter:	Native Title \| Access \|
Detailed Information:
The Enertrade - BBKY #4 CQGP Indigenous Land Use Agreement (the 'ILUA') was settled between Enertrade, a corporation owned by the Queensland Government, and the Barada Barna Kabalbara and Yetimarla 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 or 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 and other entitlements that may be required for the Project in the ILUA area'. The consent of the Barna Kabalbara and Yetimarla People to the grant of Project Rights is subject to the agreement that Enertrade pay to the Native Title Party the Compensation Payment stated in the Ancilliary Agreement. 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 the 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.