Agreements, Treaties and Negotiated Settlements Project

Arrow Darumbal LNG Project Indigenous Land Use Agreement (ILUA)
Date:	21 September 2012
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:
State/Country:	Queensland, Australia
	The ILUA area covers approximately 7,357 square kilometres of land. It is located about 130 kilometres northwest and 50 kilometres southeast of Rockhampton.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 September 2012. This is an area agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No. QI2012/059
Subject Matter:	\| Native Title \| Oil and Gas \| Petroleum
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Arrow_Darumbal_LNG_Project_ILUA_QI2012_059.aspx
Summary Information:
The Arrow Darumbal LNG Project Indigenous Land Use Agreement (ILUA) is an area agreement between: - Arrow Energy Pty Ltd (applicant); - Alan Douglas Hatfield, David Raymond James (Dec.), Robert Michael Muir, Rodney William Mann, Warren John Malone and Vanessa Ross as the registered native title claimant for Native Title Determination Application QUD6131/1998 (Darumbal People) on behalf of the Darumbal People; and - Alan Douglas Hatfield, David Raymond James (Dec.), Louis Mann, Robert Michael Muir, Rodney William Mann, Vanessa Ross, Vivienne Roma and Warren John Malone as the registered native title claimant for Native Title Determination Application QUD6001/1999 (Darumbal People #2) on behalf of the Darumbal People #2. The purpose of the ILUA is to provide the coal seam gas company Arrow Energy with exploration, production and gas transmission rights over Darumbal country.
Detailed Information:
Details of the agreement Commencement The agreement commences on the execution date. This execution date, however, is not specified in the ILUA extract. Agreement The parties agree that Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, does not apply to any project activities covered by the ILUA. The project activities that the parties consent to include: - exploration and production related project activities. These are activities which are necessary or desirable for, or incidental to the exploration, extraction, collection, processing or production of natural gas. - gas transmission related project activities. These are activities which are necessary or desirable for, or incidental to: the collection, distribution, transmission or transportation of natural gas; any Looping Project. Looping Projects are those activities exercised by, for or on behalf of Arrow Energy which allow for the construction and operation of any future main gas transmission pipeline. Future Acts Any future acts which have been done invalidly prior to the registration date, that is the 21 September 2012, are included in the agreement activities mentioned above, are attributable to Arrow Energy, and are not attributable to the Commonwealth of Australia or the State of Queensland are valid as at the 21 September 2012. Native Title in the ILUA Area This ILUA was negotiated ahead of the resolution of the Darumbal People's native title claims to land in the Rockhampton region of central Queensland. ILUA signatories Alan Douglas Hatfield, Robert Michael Muir, Rodney William Mann, Warren John Malone and Vanessa Ross represent the Darumbal People in both of these registered claims. The first of these - the Darumbal People #1 claim - was filed with the Federal Court of Australia on 27 June 1997 as proceeding QUD6131 of 1998. This claim relates to approximately 52,377 square kilometres of land. The second claim - Darumbal People #2 - was filed with the Federal Court on 22 January 1999 as proceeding QUD 6001 of 1999. It covers approximately 757.6 square kilometres of land. Both of these claims also encompass offshore islands and marine areas along the Capricorn Coast. The two native title claims by the Darumbal People remain active, and are currently in mediation. However, Darumbal Enterprises Pty Ltd (an entity established by the Darumbal People #1 native title claimants) has described progress on the claims as 'very slow' - largely due to the legalistic processes involved in the recognition of the Darumbal People's traditional connection to country (3). In the meantime, as their native title claims continue to be mediated, Mr Alan Douglas Hatfield and the other ILUA signatories have entered into a number of Indigenous Land Use Agreements with respect to their claimed areas.