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Enertrade - SBK CQGP Indigenous Land Use Agreement (ILUA)
|Date:||31 October 2006|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Broadsound Shire Council local government region, Queensland, Australia|
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|Located approximately 100km north-east of Emerald, extending north-west of the Mackenzie River, Broadsound Shire Council local government area, Central Queensland. The ILUA area covers approximately 71.2 sqkm.|
|Legal Status:||Registered on the National Native Title Tribunal R|
|Legal Reference:||National Native Title Tribunal File No Q12006/029|
|Subject Matter:||Access | Housing, Construction and Infrastructure | Native Title|
|The Indigenous Land Use Agreement (the 'ILUA') was settled between Enertrade, a corporation owned by the Queensland Government, and John Smith and others acting on their own behalf and on behalf of the Southern Barada and Kabalbara People. |
The ILUA relates to the Central Queensland Gas Pipeline Project. It provides for the parties' consent to:
'a) the Project Rights;
b) any other act necessary or expedient to give effect to the Project and any act necessary to enable the Project to proceed in accordance with all Applicable Laws, Applicable Authorisations and any works necessary or desirable to develop, construct, operate, or maintain the structures and works comprising the Project, in the ILUA area and agree not to challenge their validity at any time in the future.' (NNTT)
'Project Rights' is defined in the ILUA as 'all approvals, consents, licenses, titles, renewals an other entitlements that mey be required for the Project in the ILUA area'.
The ILUA states that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the grant of the Project Rights.
From 2003-2004 Enertrade constructed a 400km gas pipeline running through North Queensland. There are three registered ILUAs related to that project. Following North Queensland project, it was decided that the pipeline should be expanded and that existing Enertrade gas compression facilities located at Moranbah should also be expanded. The subterranean pipeline will transport gas from the Bowen Basin coalfields (at Moranbah) to industrial Customers in Gladstone (Enertade 2004). The new pipeline will be approximately 440km long. The project is expected to cost approximately $200 million and provide up to 300 local jobs (Enertrade 2004).
According to Enertrade's Initial Advice Statement on the project, native title claimant groups affected by the project include:
- Barada Barna Kabalbara Yetimarla
- Barada Barna Kabalbara & Yetimarla #4
- Port Curtis Coral Coast
- Southern Barada & Kabalbara (signatories of this ILUA)
At this stage there are two further registered ILUAs related to the CQGP project.
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