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Santos, Petronas and Iman People #2 GLNG Indigenous Land Use Agreement

Category: Agreement
Date: 18 October 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Northeast of Injune, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) covers approximately 16 square kilometres, and is located about 43 kilometres northeast of Injune in the state of Queensland. The ILUA area is cited north of Baffle Creek in the vicinity of the Dawson River, and is also near the Expedition National Park. The area falls within the jurisdiction of the Maranoa Regional Council, and is also within the boundary of a native title claim by the Iman People in proceeding QUD 6162 of 1998 in the Federal Court of Australia. The ILUA area does not include any area that is subject to native title determination application QUD 216 of 2008 by the Bidjara People in the Federal Court of Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 October 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/010
Subject Matter:Land Use | Oil and Gas
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.010/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between Santos GLNG Pty Ltd, Petronas Australia Pty Limited and Russell Tatow and others on their own behalf and on behalf of the Iman People Native Title Claim Group. The purpose of this ILUA is to provide consent to a range of acts, whether or not these are future acts, that make up the Santos-Petronas Gladstone Liquefied Natural Gas (GLNG) project.
Detailed Information:
The GLNG project that this ILUA is intended to facilitate consists of the construction of a 435 kilometre gas transmission pipeline between upstream coal seam gas fields in central Queensland, and the establishment of a proposed natural gas liquefaction and export facility on Curtis Island near Gladstone. The project also involves the establishment of all other infrastructure necessary for either the pipeline or the gas facility.

Pursuant to this ILUA, the Native Title Applicants (being Russell Tatow and others on their own behalf and on behalf of the Iman People Native Title Claim Group) give their consent to the grant of all approvals and the undertaking of a number of activities in relation to the GLNG project - whether or not they constitute future acts. More specifically, the activities to which consent has been given include the following:

  • Access and entry to the pipeline land;

  • The construction, operation, use, maintenance, repair, further development, decommissioning and rehabilitation of the pipeline on the pipeline land; and

  • Any other activities to be conducted within the ILUA area pursuant to the Pipeline License or any other project-related approval.


  • Right to negotiate

    The parties agree that the right to negotiate in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to any of the future acts to which consent has been granted under this ILUA.

    Non-extinguishment principle

    The parties also agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) will apply to the future acts to which consent has been granted under this ILUA. This means that acts that would ordinarily result in the extinguishment of native title will not have this effect. Instead, any native title rights and interests would merely be suspended for the duration of these acts.

    Background to this ILUA

    The Iman People #2 native title claim over land that includes the area covered by this ILUA was filed with the Federal Court of Australia on 30 October 1997 as proceeding QUD 6162 of 1998. The claim was not accepted for registration on 28 July 1999, but was later accepted on 26 July 2002 after certain amendments were made to enable the registration test in the Native Title Act 1993 (Cth) to be satisfied. The Iman People's claim has not yet been resolved, with the Iman People #2 Claimant Application Summary published by the National Native Title Tribunal stating that it is now in mediation.

    This ILUA is one of 42 agreements entered into by Santos Ltd and Petronas Australia Pty Limited with Aboriginal peoples for the purposes of their joint venture, the GLNG project. These agreements form the largest body of agreements to be signed with Aboriginal groups in the history of Australia's resources industry. According to a media release by Santos GLNG Pty Ltd, these agreements will lead to new employment, training and enterprise opportunities for the Aboriginal communities involved.

    Related Entries

    Agreement
  • Santos Petronas Murribinbi Gladstone Liquefied Natural Gas (GLNG) Indigenous Land Use Agreement (ILUA)
  • Cockatoo Coal Limited and Iman People Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Santos GLNG Pty Ltd - Signatory
  • Petronas Australia Pty Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Russell Tatow and others on their own behalf and on behalf of the Iman People Native Title Claim Group - Signatory
  • Iman People
  • Iman People # 2 Native Title Claim Group

  • References

    General Reference
    National Native Title Tribunal (18 October 2010) Extract from the Register of Indigenous Land Use Agreements - Santos, Petronas & Iman People #2 GLNG ILUA
    National Native Title Tribunal (30 October 1997) Claimant Application Summary - Iman People #2
    National Native Title Tribunal (14 July 2010) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements - Santos, Petronas & Iman People #2 GLNG ILUA
    Santos Ltd & Petronas Australia Pty Limited (15 April 2008) GLNG (Website)
    Santos Ltd (16 November 2010) GLNG (Project Outline)
    Decision
    National Native Title Tribunal (28 July 1999) Reasons for Decision - Iman People #2 - Registration Test (1999)
    National Native Title Tribunal (26 July 2002) Reasons for Decision - Iman People #2 - Registration Test (2002)
    Media Release
    Santos GLNG Pty Ltd (23 August 2010) Largest Set of Aboriginal Agreements in Australia's Resources History Signed for GLNG Project

    Documents

    Map
    Santos, Petronas & Iman People #2 GLNG Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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