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BGP West Ban Ban Indigenous Land Use Agreement (ILUA)
|Date:||5 March 2009|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Wadeye and Ban Ban Springs, 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: "The area subject to this agreement is a 100m wide corridor separated into 2 segments, covering about 2 square kilometres in total, located approximately 130 kilometres south east of Darwin in the vicinity of Ban Ban Springs. The agreement falls within the Local Government Authorities of Victoria - Daly Shire and the un-incorporated area." The area also extends to Jabiru Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 March 2009. This is a certified Area Agreement under the Native Title Act 1993(Cth).|
|Legal Reference:||National Native Title Tribunal File No.: DI2007/005|
|Subject Matter:||Access | Future Act | Housing, Construction and Infrastructure | Land Use | Native Title | Oil and Gas|
|The BGP West Ban Ban Indigenous Land Use Agreement (ILUA)was agreed between Power and Water Corporation (APPLICANT) and David Kenyon and Graham Kenyon, Northern Land Council, APT Bonaparte Pty Ltd and BGP Tenure Holdings Pty Ltd (BGPT), and was registered for the development of a gas pipeline.|
The purpose of the ILUA is to provide consent for the construction of a gas pipeline between Wadeye and Ban Ban Springs and for other acts necessary to give effect to the project.
|The parties consent to:|
付he construction and operation of a gas pipeline within a 100 metres wide corridor crossing Ban Ban Sprigs Station between Wadeye and Ban Ban Springs;
付he grant and/or renewal of any assignment, transfer or substitution of any licence to permit the construction and commissioning of the pipeline within the ILUA area to the the pipeline proponent or BGPT;
付he grant and/or renewal of any assignment or transfer of a non-exclusive tenure for the construction, commissioning, operation and maintenance of the pipeline;
付he enactment or amendment of the project legislation; and
病ny and all acts necessary or incidental to the efficient implementation of the project provided that such acts have no greater effects on native title than any of the acts done in accordance with the grants and/or renewal expressly consented to in the ILUA.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. 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 ILUA is to operate 'for the duration of the project'.
|National Native Title Tribunal (28 April 2008) Extract from the Registers of Indigenous Land Use Agreemnts-BGP West Ban Ban Indigenous Land Use Agreement (ILUA)|
|Power and Water Corporation (28 April 2009) What we Do|
|BGP West Ban Ban Indigenous Land Use agreement (ILUA) - ()|
|Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)|
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