Connors River Dam and Pipelines Project Indigenous Land Use Agreement (ILUA)

Date: 28 February 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Connor River Dam
State/Country:Queensland, Australia
The area subject to this agreement covers about 1,861 square kilometres, located southwest of Mackay in the vicinity of Nebo, Moranbah and the Peak Downs Highway.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No QI2011/009
Subject Matter:Future Act | | Land Planning | Land Use | Native Title - Extinguishment | Water
Summary Information:
This agreement is between the State of Queensland, Frank Budby, Les Budby and Cecil Brown Jnr on their own behalf and on behalf of the Barada Barna People, and Graham Sauney, Jim Sauney, Nancy Rhiel, Kathy York, Ken Dodd, BT Sauney, Marie M McLennan, Owen McLennan, Colleen Sauney, Joanne Sauney, Thomas Wallace, Antony Morseu, Brad Sauney, Ross Sauney, Lance Sauney, Ian Whirisky, Nikita Sauney, Samantha White, Justine Sauney, Amanda Sauney and Ronald Watson. The purpose of the ILUA is to allow for the building of the Connor River Dam and Pipelines Project.
Detailed Information:
Content of the ILUA Commencement and Termination The ILUA commences on 28 February 2011 (subject to the surrender to the State of any native title in relation to the area). The ILUA operates for the entire time it takes for SunWater to complete its operation. Future Acts The parties consented to the following future acts: - The carrying out of all operations proposed and undertaken by SunWater, its contractors, servants or agents. This includes a myriad of activities. For example, the inundation of land with water and the instillation, operation and maintenance of power lines. For a full list see Clause 1.1. - The grant of all authorisations, authorities, leases, licences, permits etc. required to carry out SunWater's operations. - A grant in fee simple of the surrender area. - To surrender to the State any native title in relation to the surrender area. This surrender will extinguish any native title that may exist. - The grant of any other necessary act. The Right to Negotiate The parties agreed that the right to negotiate (see glossary) does not apply to the grant of the project rights or in relation to any of the future acts discussed above. Background to the ILUA Legal History The Barada Barna People initially filed an Application as Barada Barna Kabalbara & Yetimarla #4 (QC01/025). However, this claim was discontinued and the Barada Barna People filed an application in the Federal Court of Australia on 12 November 2008 (Federal Court Number QUD380/08). The area claimed covers some 16,440 sq km. On 9 October 2010 the Barada Barna People's application was registered. This means that they gain certian rights, one of which is to enter into ILUAs. Pipeline Construction In December 2006, the Queensland Government released the Central Queensland Regional Water Supply Strategy (CQRWSS), outlining a range of strategies to help meet the regionís future water supply needs. One strategy to meet the water supply needs was to construct the Connors River Dam and Pipelines. The dam will be 56,000 mega litres and is to have a 130km pipeline running from its wall to the Bowen Basin. SunWater has undertaken advanced feasibility studies into the construction of the dam and is to commence operations in early 2012. The project area is captured entirely within the Barada Barna People's Application for Native Title. Therefore this ILUA between SunWater and the Barada Barna Peoples is an integral step in allowing SunWater to commence operations.

Related Entries

  • Moranbah Indigenous Land Use Agreement (ILUA)
  • Pegler and Ors on behalf of the Widi People of the Nebo Estate #2 v State of Queensland (No 3) [2016] FCA 1272
  • Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271
  • Organisation
  • State of Queensland
  • SunWater Ltd
  • People
  • Frank Budby, Les Budby and Cecil Brown Jnr on their own behalf and on behalf of the Barada Barna People
  • Graham Sauney and others

  • Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Registration Test (Native Title Act 1993 (Cth)) (Australia)