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Sandover Petroleum Indigenous Land Use Agreement (ILUA)
|Date:||31 January 2007|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Georgina Basin, Northern Territory, Australia|
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|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: |
Those Portions of the Northern Territory over which the Permits [being EP103 and EP104] applied for by the Proponents are located or of any Exploration Permit subsequently granted by the Northern Territory Minister for Primary Industry, Fisheries and Mines in regard to the same area as the Permits as shown on the map.
The area of the ILUA also falls within the jurisdiction of the Central Remote Regional Council.
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 January 2007. This is a certified Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No.: DI2006/002|
|Subject Matter:||Native Title | Oil and Gas|
|The Sandover Petroleum Indigenous Land Use Agreement (ILUA) was agreed between the Central Land Council (APPLICANT) and Texalta Petroleum Limited; AJ Hosking, JF Allender, AF LeBrun; and Ooratippra Claimants, Lake Nash Claimants and Derry Downs Claimants on 31 January 2007. The purpose of the ILUA is to allow for the exploration and production of petroleum, and the construction and operation of a petroleum pipeline in the Georgina Basin, Northern Territory.|
The ILUA states that it will operate for a period of five years after its registration or at the point at which the last of the Exploration Permits that relate to the agreement expire, whichever is the later. However, the ILUA further states that should Texalta Petroleum Limited be granted a retention, production or pipeline licence over the area, the operation of the ILUA will automatically extend for the life of that licence. Any other extensions to the term will be negotiated with the Central Land Council in good faith, and the parties will agree to any extensions no less than six months prior to the expiration of the previous term.
|This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.|
The parties to the ILUA consent to the doing of all acts necessary for the carrying out of the exploration for, and production of, petroleum. The parties also agree to the doing of procedures necessary to minimise the environmental impact of the petroleum operations and to promote the area's rehabilitation. In addition, the parties authorise all things necessary to ensure the protection of native title rights and interests, particularly the protection of sacred sites. A press release from Texalta states that its exploration permits over this area cover approximately 22,260 square kilometres of the Georgina Basin (Texalta).
The ILUA provides for compensation to the native title parties for the doing of any future acts. Speaking of this compensation, the President of Texalta, Bill Nixon, said that the traditional owners 'will enjoy a royalty depending on produceability and the profitability of anything that's found, so they will enjoy a royalty interest that's good. Just roughly speaking I suspect that we'll find lots of light oil, which of course is a very desirable commodity these days' (ABC Rural).
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