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Macedon Indigenous Land Use Agreement (ILUA)
|Date:||23 June 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Onslow, Western Australia, Australia|
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|The ILUA area covers approximately 11,000 square kilometres and is located in the vicinity of Onslow in Western Australia. The ILUA area falls within the jurisdiction of the Shire of Ashburton and the Shire of Exmouth.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 January 2011. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. WI2010/023|
|Subject Matter:||Access | Exploration | Oil and Gas | Petroleum|
|The Macedon Indigenous Land Use Agreement (ILUA) was agreed between BHP Billiton Petroleum Pty Ltd and the Buurabalayji Thalanyji Aboriginal Corporation. The purpose of this ILUA is to provide consent for the proposed Macedon Gas Development Project, which is to be undertaken as a natural gas joint venture between BHP Billiton and Apache Northwest.|
|The Macedon Gas Development Project|
The project that this ILUA is intended to facilitate constitutes a joint venture between BHP Billiton and Apache Northwest, with a focus on developing the Macedon natural gas field in the northern Carnarvon Basin.
The Macedon Gas Development Project consists of the construction and operation of:
- Offshore production wells;
- Onshore petroleum and water pipelines;
- A gas processing plant in the vicinity of Onslow;
- Accommodation facilities;
- An access road; and
- A gas metering skid.
The project is expected to commence gas production by 2013, with project costs forecast to reach approximately $US1.5 billion.
Content of this ILUA
Consequences of this ILUA being registered on the National Native Title Tribunal Register of ILUAs
The parties agree that the right to negotiate provisions 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 their consent to the doing of these acts constitutes the requisite consent for the purposes of ss 24EB(1)(b) and 24EBA(1)(a)(i) of the Native Title Act 1993 (Cth), which covers the effect of registration on proposed acts covered by ILUAs.
Consent to certain acts
Pursuant to this ILUA, the native title parties consent to the following acts, whether or not they are future acts:
- The grant of 'Project Titles' to the joint venturers: the various Project Titles are detailed at Schedule 1 to the ILUA Register Extract and include pipeline licences, easements, leases (both long term and temporary) and licences for access and geotechnical work (under the Land Adminstration Act 1997 (WA).
- The grant of 'Future Project Titles' to the joint venturers: the various available Future Project Titles are detailed in the ILUA Register Extract. Importantly, the grant of Future Project Titles is limited by the requirement that they not be granted where they would facilitate project expansion (beyond the project currently contemplated in the ILUA).
- The grant of 'Approvals' required by the joint venturers: 'Approvals' are defined as any approval, authorisation, permit, licence, certificate, consent, direction or notice from a Government authority regarding the conduct of the project.
- The compulsory taking of land and waters for the purposes of the project.
- The discharge of obligations under either the Project Titles, Future Project Titles or Approvals.
- The conduct of works associated with the project in the ILUA area.
Background to native title in the ILUA area
The ILUA area consists of those areas where native title was held to exist in the Thalanyji consent determination - Hayes on behalf of the Thalanyji People v State of Western Australia  FCA 1487. This application for a determination of native title was filed on 9 November 1999 and concerned 18,432 square kilometres of land in and around Onslow. The consent determination was eventually made on 18 September 2008. The Buurabalayji Thalanyji Aboriginal Corporation (signatory to this ILUA) was nominated as the prescribed body corporate that would hold the determined native title rights on trust for the claimants.
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