|The APLNG and Gaangalu Nation People Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- Australia Pacific LNG Pty Ltd and Australia Pacific LNG Gladstone Pipeline Pty Ltd (individually and collectively APLNG) (applicant); and
- Lynette Gail Blucher, Viola Joy Sheridan, Robert Kerry Toby (Junior), Lynette Ann Anderson, Lillian May Harrison, Rodney John Jarro, Margaret Jennifer Kemp and Kevina Fay Suey (the Gaangalu Nation People Applicant)
on 30 June 2014.
The purpose of this Area Agreement is to provide consent to the "ILUA Project" which involves the construction and operation of a gas pipeline system including to link the APLNG coal seam gas
fields to the LNG plant to be located on Curtis Island.
|Details of the Agreement
The Agreement was registered with the National Native Title Tribunal (NNTT) on 30 June 2014.
The Extract specifies the start date as 6 January 2014 but does not specify an end date.
The Extract notes that the Agreement commences on the Date of Commencement, and will operate for the duration of the Agreed Acts and the undertaking of the ILUA Project.
The Extract also notes that Clauses 3, 8, 11 and 15 survive termination of the Agreement.
The Agreement operates to provide the parties' consent to specified "Agreed Acts".
The acts and classes of acts listed in Schedule 2 (see attached NNTT extract of Schedule 2 for the full list of agreed acts).
The Project consists of part of the construction and operation of a gas pipeline, and includes:
(a) the planning, design, development, construction, operation and maintenance of pipelines that may be used for the transportation of petroleum, water, brine and other substances, and all ancillary surface and sub-surface works and associated facilities and equipment including
pumps and compressors, valves, meters, fittings, facilities for cathodic protection,
communication and power systems and any other works, facilities and equipment that APLNG
or any Third Party [a person other than APLNG who is an applicant for, or grantee of, an Agreed
Act], acting reasonably, considers are necessary or desirable for the transportation of
petroleum, water, brine and other substances by pipeline, and decommissioning of the
(b) the planning, design, development, construction, operation and maintenance of
infrastructure or other facilities that APLNG or a Third Party, acting reasonably, considers are
necessary or desirable for, or to support the conduct of, the operations referred to in paragraph(a) above in the ILUA Area including power lines, conveyors, construction camps, buildings and roads; and
(c) a reference to each and every phase and component of the operations referred to in
paragraphs (a) and (b) above and activities related to, associated with or incidental to the
activities referred to in paragraphs (a) and (b) above (including the phase of decommissioning
and completing any final rehabilitation of those operations and terminating or surrendering the
Native Title Provisions
Right to negotiate provisions do not apply
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the "Agreed Acts", as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
Native Title in the ILUA Area
The Gaangalu Nation application (NNTT file no.: QC12/9, Federal Court of Australia file no.: QUD400/2012) was made to the National Native Title Tribunal on 20 August 2012. It was accepted for registration pursuant to section 190A of the Native Title Act 1993 on 15 November 2012.