Kalkadoon and Jemena Northern Gas Pipeline Project Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the agreement, as all the land and waters of Lot 1 on AP6625, Lot 24 on SP265794, Lot 265 on FTY1762, Lot 575 on CP857742 and Lot 10 on SP240553 that falls within the external boundary described in Schedule 1.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 8 May 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Kalkadoon and Jemena Northern Gas Pipeline Project Indigenous Land Use Agreement (ILUA) was made under the provisions of the Native Title Act 1993(Cth)between the Kalkadoon Native Title Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) on its own behalf and on behalf of the native title holders and Jemena Northern Gas Pipeline Pty Ltd.

The purpose of the agreement is to consent to the Northern Gas Pipeline works being done on native title land and waters within the agreement area.

The agreement covers an area of approximately 65 sq km, about 8 km south west of Mount Isa, along the Diamantina Developmental Road.

The Native Title Representative Body for the area is Queensland South Native Title Services.

Background to the ILUA:

The Kalkadoon and Jemena Northern Gas Pipeline ILUA was one of a number of ILUA's made between Jemena Northern Gas Pipeline Pty Ltd and Aboriginal native title holders and claimants. Those people include the Walmanpa, Warumungu, Wakaya, Arruwurra, Indjalandji-Dhidhanu and Kalkadoon people, as well as people associated with the Dalmore Downs, Dalmore Downs South and the Burramurra native title claims (Jemena, Jemena Northern Gas Pipeline Pty Ltd Northern Gas Pipeline: Draft Environmental Impact Statement: Chapter 9 Socio-Economic Aspects, p. 22).

Details of the Agreement:

Commencement:

The Extract notes that the agreement commences on the date of the agreement.

Termination:

The agreement terminates when the principal agreement terminates. That is when the "Ancillary Agreement: Northern Gas Pipeline". The principal agreement was made on or about the date of this agreement between the native title party, the native title holders and Jemena Northern Gas Pipeline Pty Ltd.

Native title provisions:

Right to negotiate:

The parties agree that the right to negotiate under Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) does not apply to any of the acts listed below.

The parties also agree not to challenge the validity of the acts at any time in the future.

Future acts:

The parties agree, without limitation, to the doing of the following acts for the purposes of the Project:

• the grant of authorisations, meaning any declaration or like approval as required by any authority or applicable law, including the Pipeline licence;
• the grant of access tenure, meaning any right, title or interest in land which is granted to Jemena Northern Gas Pipeline Pty Ltd as outlined in the agreement for the Project, including the rights which are granted in accordance with an agreement with any landowner;
• Project activities relating to the planning, construction, commissioning, operation, maintenance, decommissioning and rehabilitation of an underground high pressure pipeline from the Amadeus Gas Pipeline near Tennant Creek in the Northern Territory to the Carpentaria Gas Pipeline near Mount Isa in Queensland. This includes above and below ground facilities at different locations, including construction camps, lay-down and storage areas, support facilities, looping and lateral connections, communication and power systems, access tracks, marker signs, roads to transport materials and other goods associated with the infrastructure for the pipeline, extractive mineral burrow pits, pumps or compressor stations, cathodic protection facilities and anode sites, nitrogen reduction skids, valves, valve stations and access valve site, water bores or other water collection facilities, fuel tank storage, waste storage, treatment or ponds and generator sets for generating electricity; and
• anything necessary or associated with the project activities listed above.

Native Title in the Area: 

The non-exclusive native title rights of the Kalkadoon People were recognised to exist over the land and waters of Lot 265 on FTY1762 and Lot 575 on CP857742 in the Federal Court of Australia (FCA) proceeding Doyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3) [2011] FCA 1466 (FCA File No.: QUD579/2005; NNTT File No.: QCD2011/007). These lots are within the agreement area of this ILUA.

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