Tanami Gas Pipeline: Narwietooma 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 the area within a buffer extending 50 metres either side of a line passing through the co-ordinate points listed in Schedule 1.

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29/10/2018. This is an authorised Body Corporate under the Native Title Act 1993 (Cth).

The Tanami Gas Pipeline: Narwietooma Indigenous Land Use Agreement ('ILUA') is a body corporate agreement that was registered with the National Native Title Tribunal on 29/10/2018, under the Native Title Act 1993 (Cth), between:

• AGI Tanami Pty Limited;
• Central Land Council;
• Northern Territory of Australia; and
• the Wala Aboriginal Corporation Registered Native title Body Corporate ('RNTBC').

The ILUA area covers about 0.86 sq km, and is located adjacent to and north of Tanami Road in the Tilmouth Crossing area about 140 km northwest of Alice Springs.

The purpose of the ILUA is to provide consent for the licensing of the gas pipeline.

The Native Title Representative Body for this area is the Central Land Council.

Details of the Agreement:

Commencement:

This ILUA operates from the 16 May 2018.

Termination:

This ILUA will terminate on the date the Principal Agreement terminates unless terminated earlier in accordance with clause 6.4(b) of the ILUA. The Principal Agreement was made around the same time as this ILUA and is named the "Benefits and Impacts Agreement: Tanami Gas Pipeline".

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 doing of any or all of the relevant acts in the ILUA.

future act provisions

The extract notes that there are statements within the ILUA of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are triggered. This means that the ILUA provides consent for the doing of certain acts by the non-native title parties. Specifically, the ILUA provides consent for the doing of the following acts:

• the grant of the Pipeline Licence;
• the grant of any right, title or interest in relation to the Pipeline or the Project;
• the grant of any tenure; and
• any and all acts necessary or incidental to the above acts or to the implementation of the Project, provided these acts have no greater effect on native title than any of the above acts. 

Native Title in the Area:

The ILUA is within the area of native title recognised by consent of the parties in the Federal Court of Australia ('FCA') proceeding Katakarinja on behalf of Imperlknge, Urlatherrke, Parerrule, Yaperlpe, Urlampe, Lwekerreye and Ilewerr landholding groups and those persons with rights and interests in the area of land and waters known as Kwerlerrethe v Northern Territory of Australia [2016] FCA 685 (FCA File No.: NTD6/2013; NNTT File No.: DCD2016/002).

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