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BGP Northern Land Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 March 2009
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Northern Territory, 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 100m wide corridor, covering about 10.8 square kilometres in total, located approximately 140 kilometres south east of Darwin in the vicinity of Hayes Creek and Daly River. The agreement falls within the Local Government Authorities of Victoria - Daly Shire and the un-incorporated area." The area is located within Cook Shire Council's municipality.
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.: DI2008/004
Subject Matter:Economic Development | Future Act | Housing, Construction and Infrastructure | Land Use | Oil and Gas
Summary Information:
The BGP Northern Land Council Indigenous Land Use Agreement (ILUA)was agreed between the Power and Water Corporation (APPLICANT) and Northern Land Council, BGP Tenure Holdings Pty Ltd (BGPT)and APT Bonaparte Pty Ltd.

The purpose of the ILUA is to provide consent for the construction and operation of a gas pipeline within a 100m wide corridor of Tipperary Station.
Detailed Information:
The parties consent to:
付he 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.
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 Pipeline Proponent or BGPT;
付he grant and/or renewal of or any assignment or transfer of any non-exclusive tenure for the operation and maintenance of the Pipeline being an area of land no more than 30 metres wide within the ILUA area to the Pipeline Proponent or BGPT;
付he grant and/or renewal of or any assignment or transfer of any non-exclusive tenure for the construction, commissioning, operation and maintenance of the Ancillary Facilities on the Ancillary Facilities Land to the Pipeline Proponent or BGPT;
付he grant and/or renewal of or any assignment or transfer of any exclusive tenure other than freehold, for the construction, commissioning, operation and maintenance of the Pipeline Facilities on the Pipeline Facilities Land to the Pipeline Proponent or BGPT;
付he grant by the Territory of a statutory right to cross a waterway to the Pipeline
Proponent or BGPT;
付he grant by the Territory of a statutory right to cross a road corridor to the Pipeline Proponent or BGPT;
付he grant by the Territory of any form of interest in the event that any Lease within
which the ILUA Area is located is forfeited or surrendered to the Territory or compulsorily acquired by the Territory to the Pipeline Proponent or BGPT;
付he enactment or amendment of the Project Legislation; and
病ny and all acts necessary or incidental to any or all of the Relevant Acts or class of acts referred to in this ILUA or to the efficient implementation of the Project including the grant of all leases, licences, permits, authorities, approvals, consents, encumbrances, easements or renewals and any activities necessary or desirable to develop, operate or maintain the Project to the Pipeline Proponent.

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 and including for the duration of any licence or other statutory rights for the operation of the pipeline.



Related Entries

Organisation
  • BGP Tenure Holdings Pty Ltd - Signatory
  • Power and Water Corporation - Signatory
  • Northern Land Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • References

    General Reference
    National Native Title Tribunal (28 April 2009) Extract from the Register of the Indigenous Land Use Agreements-The BGP Douglas North Indigenous Land Use Agreement (ILUA)
    PLEASE DELETE
    Australian Securities and Investments Commission BGP Tenure Holdings Pty Ltd

    Glossary

    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) | National Native Title Tribunal (NNTT) (Australia)

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