Northern Gas Pipeline: CLC UCL 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 within the area bounded by the coordinates as specified in Schedule 1 and a buffer extending 500 metres north and 250 metres south of a line passing through the co-ordinate points listed in Schedule 1, and that is within the external boundary of NT Portion 4469.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 2 March 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The full name of this agreement is the Northern Gas Pipeline: Central Land Council Unallocated Crown Land Indigenous Land Use Agreement (ILUA). It was made under the provisions of the Native Title Act 1993 (Cth), between:

• Jemena Northern Gas Pipeline Pty Ltd;
• the Central Land Council; and
• the Northern Territory of Australia.

The agreement area covers about 70 sq km of land comprised of a 750m wide corridor extending 80km west north from a point commencing about 35km south of Ngurrara and ending at a point about 70km west of Ngurrara.

The purpose of the ILUA is to provide consent for future acts, and pipeline licensing.

The Native Title Representative Body for this area is the Barkly Regional Council.

Details of the Agreement:

Commencement:

This agreement commences on 7 April 2017.

Termination:

The agreement will terminate on the date that the Principal Agreement terminates, unless terminated earlier in accordance with clause 6.6(b) of the agreement. The Extract does not include clause 6.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply with respect to the agreed acts..

Future act provisions

The Extract notes that there are statements within the agreeement of the kind which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth), and so the consequences set out under these sections are triggered. This means that the agreement provides consent for the doing of certain acts by the non-native title parties. Specifically this agreement provides consent for the validation of the following acts that were done invalidly, prior to the registration of this agreement, for the purpose of the Project:

• the grant of the pipeline licence, meaning any licence granted to Jemena Northern Gas Pipeline Pty Ltd in accordance with s 15 of the Energy Pipelines Act 1981 (Cth) in response to the application (initial application) and any renewal, substitution or extension of the initial licence provided that no rights different than those under the initial licence are created;
• the grant of any right, title or interest in respect of the Pipeline or the Project;
• the grant of tenure;
• the conduct of activities;
• the operation of the pipeline; and
• any and all acts necessary or incidental to the above acts or to the implementation of the Project, provided that such acts have no greater effect on native title than any of the above acts done.

The Extract notes that the pipeline is specified as being a single approx. 622 km buried high pressure gas pipeline with a nominal diameter of approx. 12 inches from the Amadeus Gas Pipeline near Tennant Creek to the Carpentaria Gas Pipeline near Mt Isa.

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