ATNS - Agreements, Treaties and Negotiated Settlements project

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Enertrade - PCCC CQGP Indigenous Land Use Agreement (ILUA)
Date:	24 May 2007
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: 'The agreement area of approximately 120km squared commences approximately 3.5km east of Gladstone and extends generally north-easterly to a point located near the Bruce Highway about 52km south-east of Rockhampton.'
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 May 2007. This is a certified Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: QI2006/051
Subject Matter:	\| Native Title \| Oil and Gas
Summary Information:
The Enertrade - PCCC GQGP Indigenous Land Use Agreement (ILUA) was agreed between Queensland Power Trading Corporation trading as Enertrade (APPLICANT); and Colin Johnson, Lois Blackman, Kerry Blackman, Michelle Smith, Maureen Eggmolesse, Thelma Lingwoodock, Violet Smith and Charlie Broome on their own behalf and on behalf of the Port Curtis Coral Coast on 24 May 2007. The purpose of the ILUA is to allow for the construction, operation and maintenance of the Central Queensland Gas Pipeline (CQGP). The ILUA states that it will operate for the duration of the pipeline project.
Detailed Information:
The parties to the ILUA consent to the granting of a pipeline licence and associated easement for the construction, operation and maintenance of the CQGP, which will be an underground pipeline running from Moranbah to Gladstone, a distance of approximately 440km (Enertrade). The parties also agree to any other acts or works necessary for the upkeep and development of the pipeline. 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 to future acts, 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 ILUA also states that the native title party will receive a specified amount of compensation.