The Jemena Northern Gas Pipeline Project Indigenous Land Use Agreement (ILUA) was made under the provisions opf the Native Title Act 1993 (Cth) between:
- Jemena Northern Gas Pipeline Pty Ltd;
- David Riley, Mavis Sarmardin, Wayne Age and Thelma Wilde (BWW Signatories) on their own behalf and on behalf of the BWW People and William Blackley, Donna Cunningham, Patrick Donovan and Virginia Mayo (Kalkadoon Signatories) on their own behalf and on behalf of the Kalkadoon People (the BWW People and the Kalkadoon People together comprising the Native Title Group).
The purpose of the agreement is to provide consent for the works on the Northern Gas Pipeline in relation to the land and waters described in Schedule 1 of the agreement and depicted in Schedule 2 of the agreement.
The agreement covers an area of about 175 sq km in the vicinity of Yaringa Creek, about 20 km west of Mount Isa.
Background to the ILUA:
The Jemena Northern Gas Pipeline Project ILUA is one of a number of ILUA's made between Jemena Northern Gas Pipeline Pty Ltd as the pipeline project intersects with the land interests of Aboriginal people including, the Walmanpa, Warumungu, Wakaya and the Arruwurra people, people associated with the Dalmore Downs, Dalmore Downs South and Burramurra native title claims, and the Indjalandji-Dhidhanu and the Kalkadoon people (Jemena, Jemena Northern Gas Pipeline Pty Ltd Northern Gas Pipeline: Draft Environmental Impact Statement: Chapter 9 Socio-Economic Aspects, p. 22).
Details of the Agreement:
The agreement provides consent for the works on the Northern Gas Pipeline in relation to the land and waters, as depicted in Schedule 2 of the agreement. The agreement area excludes all the land and waters subject to the native title determinations:
- Saltmere on behalf of the Indjalandji-Dhidhanu People v State of Queensland  FCA 1423 (Federal Court File No.: QUD243/2009); and
- Doyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3)  FCA 1466 (Federal Court File No.: QUD579/2005).
This agreement commences on the later of the date that this agreement is executed by Northern Gas Pipeline Pty Ltd and one or more of the signatories on their own behalf or on behalf of the native title group.
This agreement terminates at the later of the date that the BWW Principal Agreement terminates and the Kalkadoon Principal Agreement terminates.
Native Title Provisions:
Right to negotiate:
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the agreed future acts listed below.
The parties also agree to not challenge the validity of the acts at any ime in the future.
Future act provisions:
The parties consent to the doing of the following acts, without limitaion:
- the granting of authorisations, meaning any declaration or like approval as required by any authority or applicable law, including the Pipeline licence;
- the granting of access tenure, meaning any right, title or interest in land which is granted to Jemena Northern Gas Pipeline Pty Ltd for the Project, including the rights which are granted in accordance with an agreement with any landowner;
- the conduct of the activities relating to the undertaking of the Project, such as the planning, construction, commissioning, operation, maintenance, decommissioning and rehabilitation of an underground high pressure pipeline from the Amadeus Gas Pipeline near Tennant Creek in the Northern Territory, to the Carpentaria Gas Pipeline near Mount Isa in Queensland. This includes above and below ground facilities at different locations, including construction camps, lay-down and storage areas, support facilities, looping and lateral connections, communication and power systems, access tracks, marker signs, roads to transport materials and other goods associated with the infrastructure for the pipeline, extractive mineral burrow pits, pumps or compressor stations, cathodic protection facilities and anode sites, nitrogen reduction skids, valves, valve stations and access valve site, water bores or other water collection facilities, fuel tank storage, waste storage, treatment or ponds and generator sets for generating electricity; and
- anything necessary or incidental to the above acts or to the implementation of the Project, provided it has no greater effect on native title than the above acts.
Native Title in the Area:
Native Title was recognised to exist in some areas bordering on the agreement area in the Federal Court of Australia (FCA) proceedings Saltmere on behalf of the Indjalandji-Dhidhanu People v State of Queensland FCA 1423 (FCA File No.: QUD 243 of 2009) andDoyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3)  FCA 1466 (FCA File No.: QUD 579 of 2005).