Northern Gas Pipeline: Phillip Creek Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the agreement, as all the land and waters within the area bounded by the coordinates as specified in Schedule 1 and a buffer extending 500 metres north and 250 metres south of a line passing through the co-ordinate points listed in Schedule 1, and within the external boundary of the Phillip Creek Pastoral Lease Native Title Claim (National Native Title Tribunal No.: DC2014/009).

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 2 March 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Northern Gas Pipeline: Phillip Creek Indigenous Land Use Agreement (ILUA) is an area agreement, made under the provisions of theNative Title Act 1993 (Cth), between:

• Jemena Northern Gas Pipeline Pty Ltd and Central Land Council;
• the Central Land Council;
• Colin Freddie, Geoffrey Taylor, Janice Waistcoat, Lenny Williams, Michael Williams, Ronald Hughes, Sharon Bill and William Stokes on behalf of the Kankawarla, Kanturrpa, Jajjnyarra, Linga, Patta, Pirrtangu, Purrurtu, Wapurru and Yurtminyi landholding groups; and
• the Northern Territory of Australia.

The agreement area covers about 30 sq km, extending 38km westward from the Barkly Highway, commencing about 38km north of Tennant Creek.

The purpose of the ILUA is to provide consent for future acts, and pipeline licensing. The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is Barkly Regional Council.

The Native Title Representative Body for this area is Barkly Regional Council.

Details of the Agreement:

Commencement:

This agreement operates from 7 April 2017.

Termination:

The agreement will terminate on the date the Principal Agreement terminates, unless terminated earlier in accordance with clause 6.6(b) of the agreement. This clause is not specified in the Extract.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title ACT 1993 (Cth) do not apply with respect to the acts agreed to in the agreement.

Future act provisions

The Extract notes that there are statements within the agreement of the kind which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of theNative Title Act1993(Cth), and so the consequences set out under these sections are triggered. This means that the agreement provides consent for the doing of certain acts by the non-native title parties. Specifically the agreement provides consent for the doing of the following acts:

• the grant of the Pipeline Licence;
• the grant of any right, title or interest in respect of the Pipeline or the Project;
• the grant of tenure;
• the conduct of Activities;
• the operation of the pipeline; and
• any and all acts necessary or incidental to the above acts or to the implementation of the Project provided that such acts have no greater effect on native title than any of the acts done in accordance with the above.

Native Title in the Area:

This agreement is located partly within the native title determination area recognised by the Federal Court of Australia (FCA) on 3 August 2017 in the proceeding Freddie v Northern Territory (FCA File No.: NTD50/2017; NNTT No.: DCD2017/005).

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