ATNS - Agreements, Treaties and Negotiated Settlements project

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Gladstone, Rockhampton and Bundaberg Ports Project Indigenous Land Use Agreement (ILUA)
Date:	20 March 2014
Date To:	This Agreement will terminate 35 years from the Date of Commencement, subject to certain exceptions.
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	In the vicinity of Rockhampton and Bundaberg
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State/Country:	Queensland, Australia
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	The area subject to the ILUA covers about 1657 sq km over two portions. The first portion is approximately 7 km northeast of the Port of Bundaberg. The second portion is approximately 50km southeast of Rockhampton, being proximate to the Port Alma and Port of Gladstone. This falls within local government regions of Bundaberg Regional Council and Gladstone Regional Council. As mentioned above, the agreement area also falls within the Port Curtis Coral Coast Native Title Claim (tribunal file number: QC2001/029, Federal Court file number: QUD6026/2001).
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 04 August 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No:QI2014/026
Subject Matter:	\| Land Planning \| Land Use \| Native Title - Extinguishment
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/026
Summary Information:
The Gladstone, Rockhampton and Bundaberg Ports Project Indigenous Land Use Agreement (ILUA) was agreed between: - Gladstone Ports Corporation Limited; and - State of Queensland acting through the Department of Natural Resources and Mines; - Kerry Blackman, Dean Sarra, Lurleen Blackman, Richard Johnson, Nat Minniecon, Mathew Cooke and Neville Johnson their own behalf and on behalf of the Port Curtis Coral Coast People. on 4 August 2014. The purpose of this Area Agreement is to faciliate the surrender of Native Title in the ILUA area for the purpose of building infrastructure within the Agreement Area.
Detailed Information:
The ILUA was registered with the National Native Title Tribunal (NNTT)on 4 August 2014. The Agreement takes effect on the 20 March 2014 and will terminate 35 years from the date of commencement. The Commencement Date is defined under Clause 1.1 of the Agreement as the earlier of: (a) the date on which the Agreement was executed by the last of the Parties; and (b) the date on which the Agreement is notified by the Registrar. The Agreement may, however, operate beyond the termination date by operation of Clause 2.3(b). This Clause provides that the terms of the Agreement may be extended where written agreement prior to the termination date is provided by the Gladstone Ports Corporation Limited and the Port Curtis Coral Coast People. This Clause is conditional upon the Port Curtis Coral Coast People's written agreement is: (i) "if there is at the time the extension of the term of the ILUA is proposed , a finding in the Port Curtis Coral Coast People Native Title Determination Application QUD6026/2001; QC2001/029 or another Native Title Determination Application authorised by the Native Title Claim Group, recognising that members of the Native Title Claim Group hold Native Title rights and interests areas in the ILUA Area, the Registered Native Title Body Corporate for such areas; (ii) if there is at the time the extension of the term of the ILUA is proposed , a Native Title Determination Application by a Registered Native Title Claimant authorised by the Native Title Claim Group over the ILUA Area, the Applicant for such application; and (iii) if neither of clauses 2.3(b)(i) or 2.3(b)(ii) apply, such persons that a meeting of the Native Title Claim Group authorise (in a manner consistent with section 251A of the Native Title Act) to give such Notice or enter into such a written agreement (as applicable)." Native Title Provisions The Extract notes that, in respect of s.24EB(1)(c) of the Native Title Act and regulation 7(5)(b) of the Native Title Regulations Subdivision P of Division 3 of Part 2 of the Native Title Act is not intended to apply to any Agreed Acts. This means that the Right to Negotitate provisions do not apply. Agreed Acts The Extract notes that the Agreement's defintion of 'Agreed Acts' as those outlined under Clause 8.1. That Clause identifies 'Agreed Acts' as: (a) the doing of the Project; (b) the grant and implementation of Project Rights; (c) the Surrender of Native Title; (d) "the doing of any other act necessary, ancillary, usual or incidental (acting reasonably) to give effect to the Project and the grant of the Project Rights and any act necessary to enable the Project and the grant of the Project Rights to be undertaken in accordance with all Applicable Laws, Applicable Authorisations and any works necessary, ancillary, usual or incidental to investigate, implement, develop, construct, install, operate, maintain, repair, replace, further develop and decommission the structures and works comprising or incidental to the Project"; and (e) the Prior Acts and the validation of the Prior Acts within the Agreement Area, including an undertaking not to challenge their validity in the future. Further, with respect to the definition Entitlement, "Agreed Acts" will extend to those items outlined under Clause 12. The Extract notes this Clause to include: (a) "The extinguishment of Native Title by Surrender; (b) Any other effect the Agreed Acts might have on Native Title; and (c) Any other effect the exercise of or discharge of rights or obligations in connection with the Agreed Acts might have on Native Title. Surrender of Native Title The Extract notes Clause 9.1 of the Agreement. That Clause provides that the parties agree to the Surrender of Native Title Rights and Interests existing within those locations identified as "Forecast Surrender Areas", and other locations within the Agreement Area "that are subject to completion of the process under clause 9.1(b) to (e) from time to time." The Gladstone, Rockhampton and Bundaberg Ports Project The Agreement defines "Project" as all operations relating to the "construction, operation or maintenance of infrastructure that faciliates the transportation of Product, or is otherwise for Port Related Purposes", within the Agreement Area. This includes operations such as: (a) "a Terminal; (b) resource, energy, processing, manufacturing and other industry uses of and at the Terminal and additional berths or tranches of Terminal capacity; (c) rail infrastructure; (d) loading or unloading infrastructure and facilities (including rail loading or unloading 'pit' or other infrastructure and facilities); (e) conveyors; (f) launch sites; (g) other shipping facilities; (h) wharfage/docking facilities; (i) tug facilities; (j) settlement ponds; (k) petroleum, oil or gas pipelines; (l) reclamation; and (m) any works, operations and infrastructure necessary, ancillary, usual or incidental to investigate, implement, develop, construct, install, operate, maintain, repair, replace, further develop, decommission, remove or relocate the structures and works comprising or incidental to the matters referred to in paragraphs (a) to (l) of this definition, including: (i) access roads, haul roads or bridges, groyne walls, power lines, telecommunication lines, water pipelines and associated infrastructure, sewerage pipelines and associated infrastructure, other utility infrastructure, navigational equipment or aids, office or accommodation buildings, camps and any other building or structures, quarries, laydown areas and stockpiles; (ii) land and vegetation clearing; (iii) environmental rehabilitation and flora and fauna management; (iv) dredging and tidal works, including dredge channels and swing basins, and the disposal of dredged material; and (v) geotechnical investigations and surveys, including the conduct of seismic surveys, surveys for sand and gravel sources, the undertaking of drilling and test pitting." The grant and implementatio nof Project Rights The Extract notes the definition of "Project Rights" as including: (a) The Applicable Authorisations; and (b) The Freehold. The Agreement defines "Appliable Authorisations" as "all authorisations, authorities, rights, tenures, leases, licences, permits, approvals, certificates, consents, directions, tiles, renewals or notices: (a) From any Government Authority or governmental or other competent authority; (b) which are necessary, ancillary, usual or incidental for the carrying out of the Project in the ILUA Area or the doing any other act necessary, ancillary, usual or incidental to give effect to the Project in the ILUA Area or to enable the Project to proceed in the ILUA Area in accordance with all Applicable Laws, including all of such things required under: (c) The Electricity Act 1994 (Qld); (d) The Environmental Protection Act 1994(Qld); (e)The Environmental Protection and Biodiversity Conservation Act 1999 (Cth); (f) The Fisheries Act 1994 (Qld); (g) The Fisheries (Freshwater) Management Plan 1999 (Qld); (h) The Forestry Act 1959 (Qld), but expressly excluding the grant of any right or entitlement in relation to quarrying that is not for the Project; (i) The Land Act 1994 (Qld); (j) the Mineral Resources Act 1989 (Qld), but expressly excluding the grant of any exploration permit, mining claim, mineral development licence, mining lease or other right to explore or right to mine under that legislation; (k) The Nature Conservation Act 1992 (Qld); (l) the Petroleum and Gas (Production and Safety) Act 2004 (Qld), but expressly excluding the grant of any authority to prospect, petroleum lease or similar right to explore or right to produce, but not excluding a pipeline licence, under that legislation; (m) The State Development and Public Works Organisation Act 1971 (Qld); (n) The Sustainable Planning Act 2009 (Qld); (o) The Telecommunications Act 1997 (Cth); (p) The Transport Infrastructure Act 1994 (Qld); (q) The Transport Planning and Coordination Act 1994 (Qld); (r) The Vegetation Management Act 1999 (Qld); (s) The Water Act 2000 (Qld); (t) Local government by-laws and ordinances; and (u) any other legislation, regulation, by-law, ordinance, or other such instrument required for the Project". "Freehold" is defined as the grant in fee simple or perpetual lease over areas within the Agreement Area for the Project, that are the subject of Surrender. (d) the doing of any other act necessary, ancillary, usual or incidental (acting reasonably) to give effect to the Project and the grant of the Project Rights and any act necessary to enable the Project and the grant of the Project Rights to be undertaken in accordance with all Applicable Laws, Applicable Authorisations and any works necessary, ancillary, usual or incidental to investigate, implement, develop, construct, install, operate, maintain, repair, replace, further develop and decommission the structures and works comprising or incidental to the Project. - see above for definitions of 'Applicable Authorisations', 'project' and 'project rights'. Validation of Prior Acts The Extract defines "Prior Acts" as those acts outlined under Clause 8.1(a) - (c) which occur prior to Registration, being 4 August 2014. Native Title in the ILUA Area Delegate Graham Miner of the NNTT explains that the Port Curtis Coral Coast application was filed in the Federal Court, Queensland District Registry on 25 July 2001 ('Port Curtis application') and constitutes an amendment application that combines the following applications: - Gooreng Gooreng #1 QG6143/98; - Gooreng Gooreng #2 Q6018/99; - Bailai QG6139/98; - Taribelang Bunda QG6145/98; and - Gurang Q6019/99. By order of Justice Drummond of the Federal Court on 17 August 2001 the Pre-Combined applications were combined and amended in terms of the Port Curtis application. The claim is still active and no determination of native title has been made for the Port Curtis Coral Coast Claim (tribunal file number: QC2001/029, Federal Court file number: QUD6026/2001). However the claim was accepted for registration on 27 February 2002