Indjalandji-Dhidhanu 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 on Lot 2 on NS7, Lot 2799 on SP276507, Lot 42 on CP847157 and Lot 24 on SP265794 that falls within the described external boundary.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 16 March 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Injalandji-Dhidhanu and Jemena Northern Gas Pipeline Project Indigenous Land Use Agreement (ILUA) was made under the provisions of the Native Title Act 1993 (Cth) between:

• Jemena Northern Gas Pipeline Pty Ltd; and
• the Indjalandji-Dhidhanu Aboriginal Corporation RNTBC (ICN 7791) as
  the agent Registered Native Title Body Corporate under the approved determination of native title on its own behalf and on behalf of the native title holders.

The purpose of the agreement is to provide consent for works on the Northern Gas Pipeline in relation to land and waters that are subject to the Indjalanji-Dhidnau People's native title rights and interests.

The agreement area covers approx. 642 sq km, about 37 km west of Mount Isa, 75 km south of Camooweal and extending about 118 km easterly from the Northern Territory border.

Background to the Agreement:

The Indjalandji-Dhidhanu and Jemena Northern Gas Pipeline Project ILUA is one of a number of ILUA's made between Jemena Northern Gas Pipeline Pty Ltd and Aboriginal native title holders and claimants who include the Walmanpa, Warumungu, Wakaya and the Arruwurra, the Indjalandji-Dhidhanu, and the Kalkadoon People, as well as the people associated with the Dalmore Downs, Dalmore Downs South and 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 agreement commences on 21 December 2016.

Termination:

The agreement terminates when the principal agreement terminates.

Native title provisioons:

Right to negotiate:

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

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

Futures acts:

The parties agree to the following acts being done for the purpose 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 granted in accordance with any agreement with a landowner;
• the conduct of the activities relating to the undertaking of the Project, such as the planning, construction, commissioning, operation, maintenance, decommissioning and rehabilitation of an underground high pressure gas pipeline from the Amadeus Gas Pipeline near Tennant Creek in the Northern Territory, to the Carpentaria Gas Pipeline near Mount Isa, Queensland. These activities include 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 incidental or associated with the above acts, provided it has no greater effect on native title than the above acts.

Native Title in the Area:

The Indjalandji- Dhidhanu People's non-exclusive native title rights and interests were recognised to exist over Lot 2 on N57 and Lot 42 on CP847157 in the consent determination Saltmere on behalf of the Indjalandji-Dhidhanu People v State of Queensland [2012] FCA 1423 (Federal Court File No.: QUD243/2009; NNTT File No.: QCD2012/015)). These lots are within this ILUA's agreement area.

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