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Enertrade - SBK CQGP Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 31 October 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Broadsound Shire Council local government region, Queensland, Australia
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
Alternative Names:
  • Central Queensland Gas Pipeline ILUA
  • Subject Matter:Access | Housing, Construction and Infrastructure | Native Title
    Summary Information:
    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.

    Background
    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
    - Darumbal
    - Wiri
    - Kangoulu
    - Southern Barada & Kabalbara (signatories of this ILUA)
    - Gangulu

    At this stage there are two further registered ILUAs related to the CQGP project.

    Related Entries

    Agreement
  • Enertrade - Jetimarala CQGP Indigenous Land Use Agreement (ILUA)
  • Enertrade - BBKY #4 CQGP Indigenous Land Use Agreement (ILUA)
  • Enertrade - PCCC CQGP Indigenous Land Use Agreement (ILUA)
  • Enertrade - Darumbal CQGP Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Enertrade Pty Ltd - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Southern Barada & Kabalbara People - Signatory
  • John Smith, Jeff Smith, Rhede Kielly, Margaret Hornagold, Ethel Smith, Alick Smith, Toby Smith, Clarry Smith Senior, Mona Kielly and Amy Lester on their own Behalf and on Behalf of the Southern Barada & Kabalbara People. - Signatory

  • References

    Fact Sheet
    Enertrade (June 2006) Central Queensland Gas Pipeline Project
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Enertrade - SBK CQGP Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia)

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