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Santos, Petronas and Iman People #2 GLNG Indigenous Land Use Agreement (ILUA)
|Date:||18 October 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Northeast of Injune, Queensland, Australia|
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|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|
|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.|
|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:
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.
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.
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