Santos & Petronas & Karingbal People GLNG Indigenous Land Use Agreement (ILUA)
|Date: ||11 May 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Near Expedition National Park|
|The area covered by this ILUA comprises approximately 26 square kilometres of land and waters around 52 kilometres northeast of Injune in the state of Queensland. The ILUA area is in the vicinity of Expedition National Park, east of the Carnarvon Range. It falls within the jurisdiction of the Central Highlands Regional Council. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 May 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. QI2009/061|
|Subject Matter:||Land Use | Oil and Gas|
|Summary Information: |
|This Indigenous Land Use Agreement (ILUA) was agreed between Santos GLNG Pty Ltd, Petronas Australia Pty Limited and Mark Albury and others on their own behalf and on behalf of the Karingbal Native Title Claim Group. The purpose of this ILUA is to provide consent for the construction and operation of a gas pipeline between Curtis Island and gas fields in central Queensland, as well as a natural gas liquefaction and export facility on Curtis Island and all other necessary activities associated with the pipeline and facility, whether or not these activities constitute future acts. |
|Detailed Information: |
|ILUA signatories Mark Albury and others on their own and on behalf of the Karingbal Native Title Claim Group are the living registered claimants in the Karingbal native title claim. They are referred to in the agreement as the 'Karingbal Native Title Applicants'.
Pursuant to this ILUA, the Karingbal Native Title Applicants agree to the grant of all approvals and the undertaking of all activities with respect to the Santos-Petronas Gladstone Liquefied Natural Gas (GLNG) Project, whether or not these activities are future acts.
This ILUA is one of 42 land use agreements entered into by Santos and Petronas with traditional land owners for the purposes of their GLNG project. Together, these ILUAs make up the largest body of agreements with Aboriginal groups in the history of Australia's resources industry.
The GLNG Project
The GLNG Project involves the construction and operation by Santos and Petronas of a pipeline joining upstream gas fields in central Queensland to Curtis Island, near Gladstone, as well as the establishment of a natural gas liquefaction and export facility on Curtis Island. The project also includes all other infrastructure that is necessary for the construction and operation of the pipeline and the gas facility.
As part of this ILUA, the Karingbal Native Title Applicants consent to the doing of the following activities in relation to the GLNG project by Santos or Petronas, or by their contractors, servants or agents:
Access or entry to the land covered by the proposed pipeline (which will be located within an easement area of around 30 metres);
The construction, operation, use, maintenance, repair, decommissioning and rehabilitation of the pipeline or the land covered by the pipeline; and
Activities conducted within the ILUA area pursuant to the grant of the pipeline license, or any approval necessary for the construction, maintenance or decomissioning of the pipeline, or any approval where it is necessary to obtain a grant of tenure from or by any government agency or other authority, or the approval of the grant of easements in relation to the ILUA area.
The parties agree that the non-extinguishment principle under s 238 of the Native Title Act 1993 (Cth) applies to any future acts consented to by the Karingbal Native Title Applicants pursuant to this ILUA. This means that future acts that would ordinarily extinguish native title rights over the ILUA area will not have this effect, with native title rights merely being suspended for the duration of the operation of the relevant future act.
Right to negotiate provisions
The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to the future acts to which consent has been given under this ILUA.