Tanami Gas Pipeline: Napperby Perpetual Pastoral Lease Indigenous Land Use Agreement (ILUA)

Tanami

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 29 October 2018. This is an authorised body corporate under the Native Title Act 1993 (Cth).

The Tanami Gas Pipeline: Napperby Perpetual Pastoral Lease Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:

• Australian Gas Infrastructure ('AGI') Tanami Pty Limited;
• Alherramp Ilewerr Mamp Arrangkey Tywerl Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC');
• Central Land Council; and
• Northern Territory of Australia.
  

The agreement area covers about 6.22 sq km, located adjacent to and north of Tanami Road in the Tilmouth Crossing area, approximately 164 km northwest of Alice Springs.

The purpose of the agreement is to provide consent for the licensing and development of the Tanami Gas Pipeline.

The Native Title Representative Body for this area is the Central Land Council.

Agreement area:

The agreement area covers approximately 6.22 sq km and is located adjacent to and north of Tanami Road in the Tilmouth Crossing area, approximately 164 km northwest of Alice Springs. 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 pipeline corridor where native title exists under the native title determination (NNTT File No.: DCD2013/001). See attached schedule 2 for a map depicting the agreement area.

Commencement:

The agreement commenced operating on the date that the last party signed the agreement (17 May 2018). The agreement has effect as an ILUA, and in relation to the acts agreed to, from its registration date (29 October 2018).

Termination:

The agreement will terminate on the date that the principle 'benefits and impacts agreement: Tanami gas pipeline' between AGI Tanami and the Central Land Council comes to an end.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act (Cth) do not apply to acts consented to under this agreement.

Extinguishment

The activities authorised under this agreement do not extinguish any native title rights and interests in the agreement area.

Future act provisions

The parties consent to the doing of certain agreed acts by the non-native parties. These agreed acts include:

• the grant of a pipeline license in line with s 15 of the Energy Pipelines Act (NT);
• the grant of any rights, title or interest in relation to the pipeline;
• the grant, renewal or transfer of any tenure;
• the grant by the Northern Territory of any form of interest to AGI Tanami; and
• any and all acts necessary or incidental to the above acts or the pipeline project, provided these acts have no greater effect on native title than any of the above acts.
  

Native Title in the Agreement Area:

The ILUA is within the area of native title recognised by consent of the parties to the Federal Court of Australia ('FCA') proceeding Lynch on behalf of the members of the Alherramp/Rrweltyapet, Ilewerr, Mamp/Arrewk, Tywerl, Arangkey, Anentyerr/Anenkerr and Ntyerlkem/Urapentye Estate Groups v Northern Territory of Australia [2013] FCA 636. (FCA File No.: NTD4/2011, NNTT File No.: DCD2013/001).

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