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Arrow Birri LNG Project Indigenous Land Use Agreement (ILUA)
|Date:||1 July 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
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|The area subject to this agreement covers about 710 square kilometres and is located northwest of Glenden, surrounding the Newlands Mine in Queensland.|
|Legal Status:||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 14 December 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||Tribunal file no:QI2011/035|
|Subject Matter:||Economic Development | Future Act | Mining and Minerals | Oil and Gas|
|Arrow Birri LNG Project Indigenous Land Use Agreement (ILUA) is an area agreement between:|
- Arrow Energy Pty Ltd; and
- Grace Smallwood, Heather Tilberoo, Algon Walsh Jnr, Colin McLennan, David Miller and Frank Fisher on their own behalf and on behalf of the Birri People.
The ILUA was executed on the 1 July 2011 for the purpose of providing consent to allow Arrow Energy to undertake certain project activities.
|Details of the agreement|
Right to negotiate:
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
Consent to Project Activities
The parties consent to Exploration and Production Related Project Activities which are necessary or desirable or incidental to any of the following:
- the exploration, extraction, collection, processing or production of, natural gas or water derived in the process of extracting natural gas;
- agricultural activities which use the water derived;
- anything permitting or requiring of the above including any grant of tenemants, petroleum tenures, licences, permissions and authorities, the grant of any lease, permit or easement, any regulatory, statutory or other approval and any physical activity.
The parties to the ILUA consent to all Gas Transmission Related Project Activities which include any project activity which is necessary or desirable for:
- the collection, distribution, transmission or transportation of natural gas;
- the collection, distribution, transmission or transportation of water derived from the process of extracting natural gas;
- any Looping Project. A Looping Project is the contruction and operation of any future main gas transmission pipeline which strengthens the capacity of any existing main gas transmission pipeline or is located generally parallel to any existing main gas transmission pipeline comprising part of the project;
- anything which permits or is required by the above activities. For a detailed list see Clause 7.1.
The parties to the ILUA consent to the validation of any future acts:
- undertaken by Arrow Energy which may have been done invalidly before the registration date;
- discussed in Clause 7.1;
- done by, or on behalf of, Arrow Energy; and
- not done by, or on behalf of the Commonwealth government or the State of Queensland. These acts will be validated on the Registration date (14 December 2011). This means that these acts are now valid.
Background to the ILUA
Arrow Energy is an integrated coal seam gas company with over 500 coal seam gas producing wells in Queensland. The project aims to establish the drilling sites before transporting the gas through the planned Surat Gladstone and Central Queensland Gas Pipelines to a Liquefied Natural Gas Plant in Gladstone, which will have an expected capacity of eight million tonnes a year. There, the coal seam gas will be cooled and converted to liquid for international shipping (Arrow Energy Website).
Native Title History
The Birri People lodged an application for the recognition of native title rights and interests in 1998 over 14,901 square kilometres in central Queensland (Federal Court file no: QUD6244/98; Tribunal file no: QC98/12). The claim has been registered and notification is complete (National Native Title Tribunal, Claimant application summary - Birri People).
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