Arrow Barada Barna People and Wiri People LNG Project Indigenous Land Use Agreement (ILUA) |
| Date: | 6 June 2011 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | |
| State/Country: | Queensland, Australia |
| The area subject to this agreement covers about 3,266 square kilometres and is located approximately 60 kilometres south of Mackay. |
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| Legal Status: | Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 14 December 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth). | |
| Legal Reference: | Tribunal file no:
QI2011/033 | |
| Subject Matter: | Economic Development | Future Act | Oil and Gas |
| URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Arrow_Barada_Barna_Peopleand_Wiri_People_LNG_Project_ILUA_QI2011_033.aspx | |
| Summary Information: | |
| The Arrow Barada Barna People and Wiri People LNG Project Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Arrow Energy Pty Ltd;
- Frank Budby, Les Budby and Cecil Brown Jnr on their own behalf and on behalf of the Barada Barna People; and
- James Butterworth, Ronald Watson, Marilyn Duncan, Gregory Dunrobin, Kenneth Dodd, Graham Sauney, Oswald Skeen, Frank Tiers, Maurice Dallachy, Linda Wailu and Eileen Pegler on their own behalf and on behalf of the Wiri People.
The ILUA was entered into on the 6 June 2011 for the purpose of providing consent for Arrow Energy's plan to build coal seam drilling sites and pipelines. |
| Detailed Information: | |
| Details of the agreement
Right to negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
Consent to Project Activities
The parties to the ILUA consent to the following activities:
- the exploration, extraction, collection, processing or production of, natural gas or water derived in the process of extracting natural gas;
- agricultural activities which use this water derived;
- anything that permits the above activities or is required by the above activities. For a list of activities see Clause 7.1.
The parties to the ILUA consent to all Gas Transmission Related Project Activities which include any project activity which is necessary or desirable for:
- the collection, distribution, transmission or transportation of natural gas;
- the collection, distribution, transmission or transportation of water derived from the process of extracting natural gas;
- any Looping Project. A Looping Project means the contruction and operation of any future main gas transmission pipeline which strengthens the capacity of any existing main gas transmission pipeline or is located generally parallel to any existing main gas transmission pipeline comprising part of the project;
- anything that permits the above activities or is required by the above activities. For a list of activities see Clause 7.1.
Future Acts
The parties to the ILUA further consent to the validation of any future acts:
- undertaken by Arrow Energy which may have been done invalidly before the registration date (14 December 2011).
- are included in the activities discussed in Clause 7.1;
- have been done on or on behalf of Arrow Energy; and
- not done on or on behalf of the Commonwealth government and the State of Queensland. These acts will be validated on the registration date (14 December 2011).
Background to the ILUA
The project
Arrow Energy is an integrated coal seam gas company with over 500 coal seam gas producing wells in Queensland. The project aims to establish the drilling sites before transporting the gas through the planned Surat Gladstone and Central Queensland Gas Pipelines to a Liquefied Natural Gas Plant in Gladstone, which will have an expected capacity of eight million tonnes a year. There, the coal seam gas will be cooled and converted to liquid for international shipping (Arrow Energy Website).
Native Title History
The Barada Barna People lodged an application for the recognition of native title rights and interests in 2008 over 16,440 square kilometres west of Rockhampton (Federal Court file no: QUD380/08; Tribunal file no: QC08/11). The claim has been registered (National Native Title Tribunal, Claimant application summary - Barada Barna People).
The Wiri People lodged an application for the recognition of native title rights and interests in 2006 over 5735.57 square kilometres in central Queensland (Federal Court file no: QUD372/06; Tribunal file no: QC06/14). The claim has been registered (National Native Title Tribunal, Claimant application summary - Wiri People Core Country Claim).
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