Arrow Energy Western Downs Unclaimed Area Indigenous Land Use Agreement (ILUA)
|Date: ||19 September 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Brisbane |
|The Agreement Area covers about 10,100 sq km extending from Wandoan in the north to Millmerran in the south and Dalby in the east to Miles in the west in the State of Queensland.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 September 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2012/116 |
|Subject Matter:||Oil and Gas | Petroleum|
|Summary Information: |
|The Arrow Energy Western Downs Unclaimed Area Indigenous Land Use Agreement (ILUA) was agreed between:
- Arrow Energy Pty Ltd; and
- Western Downs Unclaimed Area Native Title Group
on 19 September 2013.
The purpose of this Area Agreement is to provide consent for certain Project Activities within the Area. Project Activities include exploration and production related activities as well as gas transmission activities. |
|Detailed Information: |
This ILUA was registered with the National Native Title Tribunal (NNTT) on 19 September 2013.
The Extract does not note specific start or end dates for this ILUA.
The Extract does state, however, that the Agreement commences on the Execution Date, being 10 December 2012.
Furthermore Clause 3.3 of the Agreement states that the Agreement may be terminated at any time, evidenced in writing, between the parties.
Clause 3.4 gives further termination powers to Arrow Energy. This Clause permits Arrow Energy to terminate the Agreement where it ceases to hold any 'Project Interest' in the Agreement Area, or upon advising the Native Title Party that it has decided not to proceed with that part of the Project. Termination may be effected by Arrow Energy giving notice to the Native Title Party. Effective notice must specify the date of termination - a date that must be no less than 14 business days from the date of notice.
Native Title Provisions
Clause 5.2 of the Agreement states that Part 2, Division 3, Subdivision P of the Native Title Act (which relates to the right to negotiate) does not apply to any Agreed Project Activities.
Examples of acts which constitute Agreed Project Activities are listed in Schedule 5 of the Agreement. [See Attached]
Native Title in the ILUA Area.
The Agreement Area is bordered by the following Native Title determination areas:
- QUD6162/98 Iman People #2;
- QUD311/11 Wulli Wulli People #2;
- QUD621/11 Wakka Wakka People #3;
- QUD101/09 Bigambul People; and
- QUD366/08 Mandandanji People.