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Port Curtis Coral Coast and Australia Pacific LNG Pty Limited Indigenous Land Use Agreement (ILUA)
|Date:||9 March 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Gladstone, Queensland, Australia|
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|The area subject to this agreement covers about 80 square kilometres, located north of the Dawson Highway, and west of Gladstone.|
|Legal Status:||Registered with the National Native Title Tribunal on 28 July 2011|
|Legal Reference:||National Native Title Tribunal File No: QI2010/042|
|Subject Matter:||Exploration | Mining and Minerals|
|This Indigenous Land Use Agreement (ILUA) is between the Australian Pacific LNG Pty Ltd, the Australian Pacific LNG Gladstone Pipeline Pty Ltd, Australian Pacific LNG (Shared Facilities) Pty Ltd and Australia Pacific LNG Processing Pty Ltd, the applicants in the Port Curtis Coral Coast Native Title Determination Application (Federal Court number QC01/29), and the State of Queensland. |
The purpose of the ILUA is to provide consent for the construction and operation of a gas pipeline system by Australia Pacific LNG. This will allow for a link from the Australia Pacific LNG gas fields to the LNG plant.
|Content of the ILUA|
Commencement and Termination
The agreement is to commence on 9 March 2011 and will operate for the duration of the agreed acts and the undertaking of the ILUA Project.
The ILUA can be terminated in certain circumstances that are listed in Clause 17, which remains confidential.
The parties consent to the following:
The surrender is intended to extinguish native title that may exist in relation to this area at the time of the surrender.
The Agreed Acts
The agreed acts are listed in Schedule 2 of the ILUA, which refers to 'a number of identified pieces of legislation and the granting of authorities, licences, permits, approvals, tenure or any other rights and interests which are considered necessary, desirable for, or incidental to, the undertaking of the ILUA Project.' (National Native Title Tribunal, Notice of an application to register an agreement on the Register of ILUAs, 2011)
These acts include the validating of any Agreed Acts which were done invalidly at any time on or after the commencement date.
The undertaking of the ILUA project
The ILUA Project means that part of the pipeline project and the plant project to be located in the ILUA Area. The Project includes 'planning; design; development; construction; operation and maintenance of; petroleum, water and other pipelines; a LNG processing plant or plants and export facility; wharves; jetties; loading facilities; terminals; berths; construction docks; material offloading facilities; and any other infrastructure of facility which are considered necessary, desirable of incidental to the operations.' (National Native Title Tribunal, Notice of an application to register an agreement on the Register of ILUAs, 2011)
Right to Negotiate
The right to negotiate under the Native Title Act is not intended to apply to any Agreed Acts or the Surrender on and from the date this Agreement is Registered, that is from 28 June 2011.
Background to the ILUA
The Port Curtis Coral Coast native title claim (Federal Court File No.: QUD6026/01) was filed on 25 July 2001.
The Port Curtis Coral Coast claim group is an amalgamation of the following previous native title claims:
- Gooreng Gooreng #1
- Gooreng Gooreng #2
- Taribelung Bunda.
The Port Curtis Coral Coast native title claim extends over approximately 19,283 square kilometres of land and waters in the Bundaberg and Gladstone Region of Queensland. This claim is currently in mediation.
Australian Pacific LNG is undertaking a project to:
- further develop the gas fields in the Surat and Bowen Basins in south-west and central Queensland;
- construct a 520km gas transmission pipeline from the gas fields to an LNG facility on Curtis Island off the coast of Gladstone; and
- to construct an LNG facility on Curtis Island off the coast of Gladstone.
This ILUA is therefore an integral step in allowing Australia Pacific LNG to undertake this project.
This ILUA is one of a series of ILUAs entered into between the Port Curtis Coral Coast native title claim group and various mining companies involved in pipepline projects. Previous ILUA's have been entered into with Santos, QGC and Surat Galdstone Pipeline Pty Ltd. All of these ILUAs were authorised over the same weekend in March 2010, although they have each been registered at different times.
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