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PNG Gas Pipeline Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 May 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cape York Peninsula, Queensland, Australia
The area covered by the agreement is situated on the Cape York Peninsula and covers approximately 17,830 square kilometres. It extends to Injinoo to the north and 180 km north-west of Cairns to the south. It is approximately 20 kilometres in width and is bisected by the route of the PNG Pipeline. It was originally planned to reach from Darwin to Moomba, SA, then connecting to existing pipelines to deliver gas to Adelaide, Melbourne and Sydney (Land Rights News,2001)
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigneous Land Use Agreements
Legal Reference: National Native Title Tribunal File No.:QI2006/043
Subject Matter:Access | Compensation | Consultation | Cultural Heritage | Customary Law | Economic Development | Environmental Heritage | Exploration | Implementation | Land Use | Mining and Minerals | Native Title | Oil and Gas | Recognition of Native Title or Traditional Ownership
Summary Information:
The agreement concerns the protection of native title, Aboriginal cultural heritage and the environment in relation to the carrying out of future acts involved in the building and functioning of the PNG gas pipeline in the agreement area.
Detailed Information:
The parties to this agreement are the Cape York Pipeline Company ('CYP'), the Mapoon People, the Weipa Peninsula People and other native title groups in the Cape York area.

The agreement states that all parties consent to the granting of a license to CYP to construct and operate the PNG pipeline in the agreement area and to CYP entering the agreement area in order to carry out activities necessary for the construction or operation of the pipeline.

The parties also consent to the carrying out of any future acts authorised by this agreement and will conduct themselves as if any future act in accordance with this agreement is an act to which the non-extinguishment principle applies.

If CYP obtains a license for the PNG Pipeline within ten years of the registration of this ILUA with the National Native Title Tribunal, the agreement will remain in effect both before the completion of construction and for a period of 30 years after the completion of construction. 12 months before the end of the 30 year period, the CYP may extend the agreement by writing to the native title groups, provided the parties negotiate in good faith and in a timely fashion, to decide upon further consideration to be paid to native title groups.

If Cape York Pipeline Company does not obtain a license for the PNG Pipeline within ten years from the date of registration of the ILUA with the NNTT, the agreement will terminate.

During the course of the negotiations of this gas pipeline (roughly 2001 to present), the project has received much media attention.This was due to the withdrawral of Woodside from the negotiations, as they could not reach an agreement with Alcan (The Age) and the fact that the agreeement appeared to hold the promise of much employment, training and finaincial benefits for the Traditional Owners of the area (NLC).

Related Entries

Organisation
  • Cape York Pipeline Company Pty Ltd - Signatory
  • National Native Title Tribunal
  • Cairns and District Regional Council
  • Cook Shire Council
  • Mapoon Aboriginal Shire Council
  • Napranum Aboriginal Shire Council
  • Torres Shire Council
  • Peninsula Regional Council of the Aboriginal and Torres Strait Islander Commission
  • Tablelands Regional Council
  • Cape York Land Council Aboriginal Corporation
  • Woodside Petroleum Ltd
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Mapoon Aboriginal Community - Signatory
  • Weipa Peninsula People - Signatory
  • Gudang People - Signatory
  • Yadaikana (Yadhaykenu) Peoples - Signatory
  • Ankamuthi People - Signatory
  • Atambaya Peoples - Signatory
  • Alngith People - Signatory
  • Yupungathi People - Signatory
  • Thanakwith People - Signatory
  • Yinwam (Yianh) Peoples - Signatory
  • Kaanju People - Signatory
  • Southern Kaanju People - Signatory
  • Ayapathu People - Signatory
  • Thaypan Peoples - Signatory
  • Olkola/ Kunjen Peoples - Signatory

  • References

    General Reference
    Northern Land Council (6 June 2003) Media Release: Black Tip Gas: New Opportunities for Aboriginal People
    The Age (5 December 2005) AGL, Landowners in Pipeline Talks
    Article
    Sydney Morning Herald (27 June 2005) Alcan Pulls Out of $550m Gas Pipeline
    Rod Myer- The Age (29 June 2005) Alcan Backing Reignites Gas Pipeline
    Land Rights News (October 2001) Traditional Owners of Arnhamlamd Consider Major Project
    Liliana Molina- The Courier Mail (29 June 2006) Pipeline Cost Up $1.5b

    Documents

    Map
    PNG Gas Pipeline Indigneous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

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

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