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Owen Springs Transmission Line Indigenous Land Use agreement (ILUA)
|Date:||12 December 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||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 ILUA facilitates carrying out the Powerline Project which will enable the Power and Water Corporation to construct, operate and maintain a powerline associated with the Owen Springs Gas Pipeline. The powerline will be a 66kV transmission line from Brewer Estate to a new electricity substation to be built on NT Portion 6332 (the Norris Bell Substation)." The area is within Alice Springs Municipality, MacDonnel Shire Regional Council.|
|Legal Status:||Registered with The National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 December 2008. This is a Certified Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. : DI2008/001|
|Subject Matter:||Future Act | Housing, Construction and Infrastructure | Land Use | Native Title | Oil and Gas|
|The Owen Springs Transmission Line Indigenous Land Use Agreement ILUA)was agreed between the Power and Water Company Pty Ltd (APPLICANT) and the Central Land Council.|
The purpose of the ILUA is to provide consent for the construction, operation and maintenance of powerlines associated with the Owen Springs Gas pipeline.
| The Parties consent to:|
•the doing of any or all of those Relevant Acts (without conditions) subject to the provisions of this ILUA and agree not to challenge the validity of the Relevant Acts at any time in the future.
•the performance of all activities in connection with, or in relation or incidental to, the Powerline Project, including all activities conducted or authorised under any Relevant Authority, whether that grant or those acts occurred before, on or after the Commencement Date.
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 states that its operation commences from 10 June 2008 and remains in force for the duration of the Powerline project.
|National Native Title Tribunal (12 December 2008) Extract from the Registers of Indigenous Land Use Agreement-Owen Springs Transmission Line Indigenous Land Use agreement (ILUA)|
|Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)|
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