ATNS - Agreements, Treaties and Negotiated Settlements project

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APLNG and Iman People Fairview and Eurombah Creek Projects Indigenous Land Use Agreement (ILUA)
Date:	4 September 2013
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Approximately 47 km east of Injune.
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State/Country:	Queensland. , Australia
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	The agreement area covers about 29 sq km approximately 47 km east of Injune in south west Queensland. The local government region is covered by Banana Shire, Western Downs Regional and Maranoa Regional Councils.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 9 December 2013.
Legal Reference:	National Native Title Tribunal File No.: QI2013/032
Subject Matter:	Economic Development \| Future Act \| \| Mining and Minerals \| Oil and Gas \| Petroleum
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_APLNG_and_Iman_People_Fairview_and_Eurombah_Creek_Projects_ILUA_QI2013_032.aspx
Summary Information:
The APLNG and Iman People Fairview and Eurombah Creek Projects Indigenous Land Use Agreement (ILUA) is an Area Agreement between: - Australia Pacific LNG Pty Limited & Australia Pacific LNG CSG Transmissions Pty Limited (individually and collectively, APLNG) (applicant); and - Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson on behalf of the Iman People #2 native title determination application (Iman People) The purpose of this Area Agreement is to authorise the undertaking of the Fairview Pipeline Project and Eurombah Creek Lateral Project on the land covered by the ILUA.
Detailed Information:
Details of the agreement Commencement The start date of the Agreement is 4 September 2013. The ILUA was registered with the National Native Title Tribunal on 9 September 2013. No end date is specified but the Agreement is said to come to an end when the agreed acts and the undertaking of the ILUA project finish. Agreed Acts The Agreement provides for the parties' consent to certain 'agreed acts' as well as the undertaking of the ILUA project. The Extract specifies these agreed acts in Schedule 2. They are: - the grant of petroleum authorities related to the undertaking of the ILUA project, including pipeline licences; - the grant of any other rights and interests, approvals or future acts considerd by APLNG or a third party to be necessary or desirable for or incidental to the undertaking of the ILUA project; - the undertaking of any acts pursuant to the above grants or acts considered by APLNG or a third party to be necessary or desirable for or incidental to the undertaking of the ILUA project; and - the making, amendment or repeal of legislation connected to the ILUA project. Native Title Provisions Right to negotiate provisions do not apply The parties 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. Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. 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. Future Acts The agreed acts include future acts. The Extract notes that the parties' consent to the project and the related agreed acts includes statements of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4). Background to the Agreement: Native Title in the ILUA Area The Iman People #2 Native Title Claim Group is the registered entity of the Iman People #2 (National Native Title Tribunal File No.: QC97/55). The ILUA area falls within the Iman People #2 registered native title claim area, which was filed with the Federal Court of Australia as proceeding QUD 6162 of 1998 on 30 October 1997. The claim covers approximately 14,024 square kilometres of land and waters in central and south-western Queensland. The Iman People #2 native title claim was not accepted for registration on 28 July 1999 due to failing to meet some of the procedural requirements pursuant to the registration test provisions of the Native Title Act 1993 (Cth). The claim was, however, later accepted for registration on 26 July 2002 after certain amendments were made. The claimants in the Iman People #2 native title claim are also party to the Iman #2 and QCG Pty Limited Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2010/003). The Iman People are currently working with the Queensland Government on a timeline for a consent determination.