QGC and Wiri Indigenous Land Use Agreement (ILUA)
|Date: ||8 May 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The ILUA area covers approximately 5737 square kilometres of land west of Mackay. The area extends north to the Eungella National Park and south to Nebo.|
|Legal Status: ||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 21 September 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal file no: QI2011/034|
|Subject Matter:||Access | Exploration | Future Act | Land Use | Mining and Minerals | Native Title | Petroleum|
|Summary Information: |
|The QGC and Wiri Indigenous Land Use Agreement (ILUA) is an area agreement between:
- QGC Pty Ltd (applicant); and
- Wiri RNTC (the Registered Native Title Claimant for the Wiri People Core Country Native Title Claim, which at the date of this agreement
comprised James Butterworth, Ronald Watson, Marilyn Duncan, Gregory Dunrobin, Kenneth Dodd, Graham Sauney, Oswald Skeen, Frank Tiers, Maurice Dallachy, Linda Wailu and Eileen Pegler)
The purpose of this ILUA is to allow QGC Pty Ltd to undertake a petroleum project involving the exploration, production and distribution of petroleum in the ILUA area.|
|Detailed Information: |
|Details of the Agreement
The ILUA commenced operation on 8 May 2012. It will operate until the petroleum project is decomissioned. However, the ILUA will terminate if QGC decides not to continue with the petroleum project or the ILUA is not registered by 30 June 2012.
The Wiri Registered Native Title Claimant on behalf of the Wiri Claim Group consents to the doing of the following acts within the ILUA Area:
- the grant to QGC of the exploration rights and activities necessary or incidential to the exploration of petroleum;
- the grant to QGC of the petroleum project rights and the implementation of those rights;
- the planning, investigation, construction, operation and maintenance of the petroleum project and all works necessary or incidental to the project which is done by, at the request of, or on behalf of QGC; and
- the decommissioning of the petroleum project and the required rehabilitation of the land affected by the project.
The parties acknowledge that the non-extinguishment principle under the Native Title Act 1993 (Cth) applies to any granted exploration or project right as well as the doing of any of the above mentioned acts.
The Wiri Registered Native Title Claimant agrees that it will take reasponsible steps to enable the doing of any acts permitted or authorised under the Exploration and Project Rights. It agrees that it will not unreasonably object to the above mentioned acts or do or omit to do anything that would prevent or delay the above mentioned acts.
Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, does not apply to the doing of the above mentioned acts.
Native Title history
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). |