ATNS - Agreements, Treaties and Negotiated Settlements project

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Burdekin Pipeline Indigenous Land Use Agreement (ILUA)
Date:	17 March 2006
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Central Queensland
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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: "Agreement Area" means all the land and waters (including the beds and banks of those waters) shown and described in the plans attached [to the agreement] at Schedule 2' which comprises 8 topographical maps of the Burdekin to Moranbah Pipeline, Central Queensland. The area is within the areas of the Belyando Shire Council, Bowen Shire Council, Dalrymple Shire Council and Nebo Shire Council.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No.: QI2005/01
Subject Matter:	Native Title \| \| Water
Summary Information:
The Burdekin Pipeline Indigenous Land Use Agreement (ILUA) was agreed between: Sunwater; Eungella Water Pipeline Pty Ltd; Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynette Brown, Albert Brown, Frank Budby, Nicole Muller, May James on their own behalf and on behalf of the BBKY Native Title Group; Allan Fisher, Heather Tilberoo, Gracelyn Smallwood, Algon Walsh Junior, Colin McLennan, David Miller, Frank Fisher, Patrick Walsh on their own behalf and on behalf of the Birri Native Title Group; Colin McLennan, James Gaston, Thomas Brown, Tyrone Tiers, Dorothy Hustler, Marie McLennan on their behalf and on behalf of the Jangga Native Title Group; Christopher Dunrobin, Len Watson, Michael Watson, Norman Abraham Johnson, Oswald Skeen, Effie Collins, Eileen Peggler, Pansy (Emmeron) Colonel, Marilyn Duncan on their own behalf and on behalf of the Wiri #2 Native Title Group; and Graham Sauney, Rick Wilson on their behalf and on behalf of Wiri #3 Native Title Group. This agreement was made on 17 March 2006. The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts', relating to the construction of the Burdekin to Moranbah Pipeline.
Detailed Information:
The Burdekin to Moranbah Pipeline is being built to address the water shortage issues affecting Queensland's coal mines. The pipeline will be built from Gorge Weir on the Burdekin River to Moranbah in Central Queensland. This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid. The parties to the ILUA consent to the doing of the following acts: The grant to Sunwater/Eungella of the Project Rights to the pipeline; The construction, operation and maintenance of all works necessary or incidental to the pipeline; and The decommissioning of the pipeline. The parties also agree to the doing of any other acts, or the construction of any infrastructure necessary to the operation of the pipeline, including borrow pits, vegetation clearing, sand and gravel extraction, access roads and tracks, provision of power, pump stations, water storages and break tanks.