ATNS - Agreements, Treaties and Negotiated Settlements project

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Lake Lewis Indigenous Land Use Agreement (ILUA)
Date:	14 June 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Lake Lewis
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State/Country:	Northern Territory, Australia
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	The ILUA area includes Lake Lewis and surrounding land, and is located within the Central Remote Regional Council and an unincorporated local government area. Further detail is provided in 'Annexure A' of the ILUA.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No.: DI2004/051
Subject Matter:	Compensation \| Future Act \| Native Title \| Petroleum \| Recognition of Traditional Rights and Interests \| Water
Summary Information:
The Lake Lewis Indigenous Land Use Agreement (the ILUA) allows for hyper-saline water and salt from the Palm Valley gas field to be disposed of in Lake Lewis. The ILUA was made between the Central Land Council (CLC) and Magellan Petroleum, who operate the Palm Valley gas field and hold Petroleum Lease PL3 in the Amadeus Basin.
Detailed Information:
The ILUA allows the following 'future acts' in the ILUA area: - permission to dispose hyper-saline water and salt into Lake Lewis; - rights of access to the area; - permission to undertake earthworks to facilitate disposal; - disposal of hyper-saline water and salt into Lake Lewis and procedures to minimise the environmental impacts of this disposal; - rehabilitation of any part of the ILUA area; - environmental monitoring of the effects of disposal; - impacts on native title rights and interests including sacred sites; and - compensation for future acts. The CLC's consent to the future acts above is conditional upon the following conditions: (a) ongoing reasonable and competent monitoring of the effects of the disposal into the Lake being conducted; and (b) the results of such monitoring being provided regularly to the CLC; and (c) the results of such monitoring indicating and continuing to indicate that there is no measurable environmental effect arising from the activity which is detrimental to plants or animals in and around the Lake, or to the ecology of the Lake as a whole; and (d) permission being sought from the native title holders through the CLC if there is any further work that is required to be undertaken in respect to the activity. This includes any work in connection with the dumping of hyper-saline water and salt or in connection with the haul road, causeways and other earth works required for transportation of the hyper-saline water and salt. The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the future acts listed above, as the alternative consultation provisions are to be followed instead. The ILUA operates from the 10 November 2004 until the end of Petroleum Lease PL3, or as long as Magellan needs to dispose of hyper-saline water and salt as a consequence of operating the Palm Valley gas field.