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Gangulu and Warrabal and QGC Pty Limited Indigenous Land Use Agreement (ILUA)

Date: 9 December 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Boyne Valley
State/Country:Queensland, Australia
The ILUA area stretches over a 2 kilometre-wide corridor, which in total covers approximately 144 square kilometres. The corridor is located west of Kroombit Tops National Park, east of Biloela and Bana in the state of Queensland. The ILUA area falls within the jurisdiction of the Banana Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 9 December 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/022.
Subject Matter:Land Use | Petroleum
Summary Information:
The Gangulu and Warrabal and QGC Pty Limited Indigenous Land Use Agreement (ILUA) was agreed between:

- QGC Pty Limited; and
- Katherine George, Trevor Lamb, Tyronne Lamb, Edna Fraser, Viola Sheridan, Louis Toby, Karen Austin, Robert Toby and Lynette Blucher (some of whom were the claimants in the Gangulu People's native title claim (Federal Court File No. QUD6144/98)).

The purpose of this ILUA is to provide consent for the construction and operation of a gas export pipeline in the ILUA area as part of QGC's Queensland Curtis Liquefied Natural Gas Project.
Detailed Information:
The Queensland Curtis Liquefied Natural Gas (LNG) Project

QGC Pty Limited describes its Queensland Curtis LNG venture as a 'world scale integrated liquefied natural gas project'. The project involves the transportation of coal seam gas from the Surat Basin via an underground pipeline to a processing plant and export facility on Curtis Island, where it will be converted to LNG. The construction of this facility is intended to commence after QGC's owner BG Group makes a final investment decision on the project, and the Queensland and federal governments give the relevant environmental and regulatory approvals.

Commencement of this ILUA

This ILUA commences on its Authorisation Date, which is deemed to be the latest of the following dates:

- the date of authorisation of the ILUA; or
- the execution of the last signature to the ILUA; or
- the execution of the last signature to an agreement ancillary (additional) to the ILUA.

Consent to future acts

The parties to this ILUA consent to the following future acts:

- the grant to QGC of the rights to undertake the pipeline project in the ILUA area;
- the construction, operation and maintenance of the pipeline project by QGC in the ILUA area. This includes consent to works that are incidental to the project; and
- the decommissioning of the pipeline project.

General provisions

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the future acts to which consent has been granted under this ILUA.

Benefits to native title parties

The agreement makes reference to certain 'benefits' that will be payable to the native title parties under this ILUA. These benefits are payable even if QGC fails to get the relevant approvals to commence the pipeline project and the ILUA is consequently terminated. Details of the benefits payable are contained within an ancillary agreement, details of which have not been provided on the National Native Title Tribunal Register of Indigenous Land Use Agreements.

Native title in the ILUA area

The Queensland Curtis LNG pipeline project was intended to extend through the Biloela region, causing the Gangulu People to be identified as having an interest in the general project area. The Gangulu People's native title claim (Federal Court File No. QUD6144/98) was dismissed in 2009. Consequently, ILUA negotiations, which had originally proceeded with the claimant group, recommenced with a broader range of interested parties. This ILUA is the product of those negotiations. A Cultural Heritage Management Plan has also been negotiated between the parties.

This ILUA is one of a series of ILUAs entered into between QGC Pty Limited and various native title claimants. These ILUAs enable QGC to proceed with its pipeline project. On the same day as the parties applied to register this ILUA, QGC also sought to register a similarly worded ILUA with the Bigambul People.

Related Entries

  • QGC Pty Limited - Signatory
  • Legislation
  • Mineral Resources Act 1989 (Qld)
  • Native Title Act 1993 (Cth)
  • People
  • Katherine George and Others - Signatory
  • Gangulu People

  • Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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