Wangkangurru/Yarluyandi Petroleum Conjunctive Indigenous Land Use Agreement (ILUA)
|Date: ||2 March 2012|
|Date To: ||Not specified|
|Sub Category:||Framework Agreement | Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||A large area north of Kalamurina, including parts of the Simpson Desert.|
|State/Country:||South Australia, Australia|
|This ILUA is situated in the North-east corner of South Australia, covering approximately 60641 sq km along the Queensland and Northern Territory borders.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 March 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:SI2011/023|
|Subject Matter:||Native Title | Oil and Gas | Petroleum|
|Summary Information: |
|The Wangkangurru/Yarluyandi Petroleum Conjunctive ILUA was agreed between:
- Attorney General and the Minister for Mineral Resources Development;
- Brenda Shields, Sharon Lucas, Haydyn Bromley, and Arthur Ah Chee for and on behalf of the Wangkangurru/Yarluyandi Native Title Claim Group;
- South Australian Native Title Services (SANTS); and
- South Australian Chamber of Mines and Energy.
This is a Framework Agreement under which the Native Title Party will allow the Minister to grant authorised licences pursuant to the Petroleum and Geothermal Energy Act 2000 (SA).
The parties further agree to the company that holds such a licence exercising its rights and entitlements and discharging its obligations under the licence, as well as complying with conditions imposed by the Petroleum and Geothermal Energy Act 2000 (SA), other applicable law and this ILUA.|
|Detailed Information: |
|This ILUA allows for a number of different licences to be granted to companies that agree to be bound by the conditions set out in the ILUA.
The licences include:
Petroleum Exploration Licences (PEL);
Additional Licences, which are defined in the ILUA extract as:
"(a) Preliminary Survey Licence;
(b) Pipeline Licence;
(c) Speculative Survey Licence;
(d) Associated Activities Licence;
(e) Easement for pipeline purposes; or
(f) other authority able to be lawfully granted to a Company within the ILUA Area pursuant to the
Petroleum and Geothermal Act, applied for, or granted to a Company in the ILUA area where that Company is not the holder of a
PEL or PPL [petroleum production licence] authorised by this Framework ILUA, but excluding
The company must show its acceptance of the conditions by completing and signing the acceptance deed and providing a copy to both the state and the Native Title Party.
A company that has followed the process of acceptance set out in the ILUA will have entered
into a Executed Acceptance Contract between the State, the Native Title Parties, the Association and the Company.
Where a Company has entered into an Executed Acceptance Contract in respect of a Petroleum Exploration Licence located within the ILUA Area, the Company is entitled to the grant of any
Subsequent Licence, which is defined in the ILUA extract as:
"(a) Petroleum Production Licence;
(b) Associated Activities Licence;
(c) Petroleum Retention Licence;
(d) Easement for pipeline purposes;
(e) Preliminary Survey Licence;
(f) Speculative Survey Licence; or
(g) other authority able to be lawfully granted to a Company within the ILUA area pursuant to the
Petroleum and Geothermal Energy Actapplied for or granted to a Company where that Company is the holder of a PEL or PPL
authorised by this Framework ILUA at the time of the Licence application, but excludes any
authority authorising the geosequestration of carbon dioxide outside of normal petroleum
Native Title Act Provisions
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to either the grant of an Authorised Licence or to the carrying out of activities under the licence.
The non-extinguishment principle is intended to apply to the grant of Authorised Licences. This means that activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.
Native Title in the ILUA Area
The Wangkangurru/Yarluyandi Native Title Claim (Federal Court No:SAD6016/98; Tribunal File no:SC97/3) was filed on 21 August 1997 and is currently in mediation. The claim covers some 83250 sq km of land, a large part of which is the subject of this ILUA. |