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ZeroGen - Darumbal Pipeline Indigenous Land Use Agreement (ILUA)
|Date:||1 December 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
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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: 'The area subject to this agreement is a 200m corridor, covering about 8.7 square kilometres. It is located approximately 4km south east of Stanwell, QLD, travelling generally in a westerly direction to Melaleuca Creek.' The agreement falls within the Local Government Authority of the Rockhampton Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 December 2008. This is a certified Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal No.: QI2008/013|
|Subject Matter:||Housing, Construction and Infrastructure | Land Use | Native Title | Oil and Gas|
|The ZeroGen - Darumbal Pipeline Indigenous Land Use Agreement (ILUA) was agreed to by ZeroGen Pty Ltd and Mr Alan Douglas Hatfield, Mr Robert Michael Muir, Mr Rodney William Mann, Mr Warren John Malone and Ms Vanessa Ross on their own behalf and on behalf of the the Darumbal People on 13 December 2007, and was registered with the National Native Title Tribunal on 1 December 2008.|
The ILUA provides for the grant of Project Rights to ZeroGen Pty Ltd for the construction, operation and management of a pipeline to transport carbon dioxide gas from the power plant to the point of injection and storage.
The Agreement will operate for the duration of the Project Rights unless otherwise terminated.
|The parties to the ZeroGen - Darumbal Pipeline ILUA consent to the grant or issue of the Project Rights, including the construction, maintenance and operation of the Pipeline and any other act required to give effect to the Project.|
The parties agree that the non-extinguishment principle applies - this means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.
The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of the Project Rights and the construction and operation of the Pipeline, as the alternative consultation provisions are to be followed instead. Under clause 9 of the ILUA, the parties also agree that there will be no proceedings or support of proceeings which challenge the validity of any Project Rights which may be granted to ZeroGen Pty Ltd.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) ('the Act') would apply. Under the 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.
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