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ZeroGen - Darumbal Pipeline Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 1 December 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
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
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/Search.aspx
Summary Information:
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.
Detailed Information:
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.

Related Entries

Agreement
  • Darumbal Marlborough Nickel Project Area #2 Indigenous Land Use Agreement (ILUA)
  • Darumbal Marlborough Nickel Pipeline Indigenous Land Use Agreement (ILUA)
  • Darumbal Marmor Indigenous Land Use Agreement (ILUA)
  • Arrow Darumbal LNG Project Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • ZeroGen Pty Ltd - Signatory
  • Rockhampton Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Alan Douglas Hatfield and others - Signatory
  • Darumbal People

  • References

    Resource
    National Native Title Tribunal (1 December 2008) Extract from the Register of Indigenous Land Use Agreements: ZeroGen- Darumbal Pipeline ILUA
    Publication
    Darumbal Enterprises Pty Ltd (July 2006) Darumbal Enterprises Newsletter

    Glossary

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

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