Agreements, Treaties and Negotiated Settlements Project

Santos Petronas Gangulu GLNG Indigenous Land Use Agreement (ILUA)
Date:	7 April 2010
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	South-west of Gladstone
State/Country:	Queensland, Australia
	The area covered by this Indigenous Land Use Agreement constitutes a 1 kilometre corridor that spans about 103 kilometres in length and extends from the Dawson River to the boundary between the Gladstone and Banana local government authorities. The ILUA area is situated approximately 60 kilometres south-west of Gladstone in the state of Queensland. It falls within the jurisdiction of the Banana Shire Council, and also overlaps with the Gangulu People's application for a determination of native title, which was filed in the Federal Court of Australia as proceeding QUD 6144 of 1998.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 April 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No. QI2009/032
Subject Matter:	Land Use \| Oil and Gas
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2009/QI2009.032/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between Santos GLNG Pty Ltd, Petronas Australia Pty Limited and Louis Boyd Toby and others on their own behalf and on behalf of the Gangulu Native Title Claim Group. The purpose of this ILUA is to provide consent for a range of acts by Santos and Petronas in relation to a 435 kilometre gas transmission pipeline that forms part of their joint venture Gladstone Liquefied Natural Gas (GLNG) project.
Detailed Information:
The GLNG project that this ILUA is intended to facilitate consists of the construction and operation of a 435 kilometre gas transmission pipeline between upstream coal seam gas fields in central Queensland, and the establishment of a proposed natural gas liquefaction and export facility on Curtis Island near Gladstone. The project also involves the establishment of all other infrastructure necessary for either the pipeline or the gas facility. Pursuant to this ILUA, the registered Native Title Applicants (being Louis Boyd Toby and others on their own behalf and on behalf of the Gangulu Native Title Claim Group) give their consent to the grant of all approvals and the undertaking of a number of activities in relation to the Santos-Petronas GLNG project - whether or not they constitute future acts. More specifically, the activities to which consent has been given include the following: Access and entry to the pipeline land; The construction, operation, use, maintenance, repair, further development, decommissioning and rehabilitation of the pipeline on the pipeline land; and Any other activities to be conducted within the ILUA area pursuant to the Pipeline License or any other project-related approval. In terms of the relevant approvals, the Native Title Applicants grant Santos GLNG the permission of the Gangulu Native Title Claim Group to enter the pipeline land for the purposes of constructing and operating the pipeline, as required by ss 401(2) and 399(1)(b)(ii) of the Petroleum and Gas (Production and Safety) Act 2004 (Qld). If permission is also applied for under Part 5 of this Act, then the parties agree that such permission will also be granted. Right to negotiate The parties agree that the right to negotiate in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to any of the future acts to which consent has been granted under this ILUA. Non-extinguishment principle The parties also agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) will apply to the future acts to which consent has been granted under this ILUA. This means that acts that would ordinarily result in the extinguishment of native title will not have this effect. Instead, any native title rights and interests will merely be suspended for the duration of these acts. Background to this ILUA The ILUA area is subject to the Gangulu People's registered native title claim, which was filed with the Federal Court of Australia as proceeding QUD 6144 of 1998. This claim related to approximately 11.956 square kilometres of land and waters in central Queensland. It was dismissed on 3 June 2009. This ILUA is one of 42 agreements entered into by Santos Ltd and Petronas Australia Pty Limited with Aboriginal peoples for the purposes of their joint venture, the GLNG project. These agreements form the largest body of agreements to be signed with Aboriginal groups in the history of Australia's resources industry. According to a media release by Santos GLNG Pty Ltd, these agreements will lead to new employment, training and enterprise opportunities for the Aboriginal communities involved.