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APLNG & Mandandanji Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 October 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland , Australia
The area subject to this agreement covers approximately 57 square kilometres and is located approximately 55 kilometres southwest of the township of Wandoan and to the north of the Warrego Highway.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements.
Legal Reference: Tribunal file no: QI2011/047
Subject Matter:Economic Development | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_APLNG_Mandandanji_ILUA_QI2011_047.aspx
Summary Information:
The APLNG & Mandandanji Indigenous Land Use Agreement (ILUA) is an area agreement between Australia Pacific LNG Pty Limited, Australia Pacific LNG Gladstone Pipeline Pty Limited and Australia Pacific LNG CSG Transmissions Pty Limited (individually and collectively APLNG) (APPLICANT) and Leslie Weribone, Alexandra Combarngo, David Combarngo, Phyllis Hopkins, Lorraine Tomlinson, Miranda Mailman, Sylvia McCarthy, Violet Costa, Sarah Trindall and Leigh Himstedt on behalf of the Mandandanji People.

The ILUA was entered into with the purpose of providing consent to activities of APLNG, specifically the construction of a pipeline.
Detailed Information:
Details of the agreement

Commencement and Termination

The ILUA commenced on 19 October 2011 and will continue to operate for the duration of the Agreed Acts and the undertaking of the ILUA project.

Consent

The parties to the ILUA agree to:
- the agreed acts;
- the undertaking of the ILUA project.

The agreed acts are:
- the grant of petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004 (Qld) that are necessary or desirable for the undertaking of the ILUA Project, including pipeline licences;
- the grant of petroleum interests and the undertaking of the Gas Projects;
- the grant of petroleum interests over the excluded land;
- the grant of any other rights and interests, approvals or future acts considered by APLNG
or a third party to be necessary or desirable for the undertaking of the ILUA project including the grant of any approvals under the Environment Protection Act 1994 (Qld) and the Environment Protection and Biodiversity Conservation Act 1999 (Cth), or the grant of any tenure under the Land Act 1994 (Qld) and any easements, the grant of any water licence, dam licence or any other approval under the Water Act 2000 (Qld) and any infrastructure approvals.

The ILUA project means the gas projects and that part of the pipeline project to be located in the
ILUA area.

Non-extinguishment principle

If any of the agreed acts or the undertaking pf the ILUA project is a future act, the parties agree that the non-extinguishment principle applies - this means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

Background

The Pipeline Project comprises the construction and operation of a high pressure underground gas transmission pipeline system from Australia Pacific LNG's gas fields in south central Queensland to the LNG facility on Curtis Island near Gladstone, Queensland. The pipeline will facilitate the transmission of coal seam gas to the Curtis Island plant to be liquefied and exported. The area of the pipeline will occupy a 40 to 50 metre corridoor of approximately 2,350 hectares (Australia Pacific LNG, 2010). The project traverses the lands of Iman, Mandandanji, Western Wakka Wakka, Cobble Cobble, Yiman, Jarowair and Barunggam peoples.

Overall the entire Australia Pacific LNG Project consists of three key parts:
1. Further development of Australia Pacific LNG's gas fields in the Surat and Bowen Basins in south-west and central Queensland.
2. Construction of a 520km gas transmission pipeline from the gas fields to an LNG facility on Curtis Island off the coast of Gladstone.
3. An LNG facility on Curtis Island off the coast of Gladstone, with the first two gas production trains processing up to nine million tonnes per annum.

Australia Pacific LNG is a joint venture between three industry companies in the fields of coal seam gas and liquefied natural gas production - Origin (42.5%), ConocoPhillips (42.5%) and Sinopec (15%). Origin is also responsible for the construction of the pipeline (Australia Pacific LNG Project Partners).

Donaghey (2011) states that APLNG offered a one-off-payment of $1.4 million in compensation to the native title claimants with calls for training and business and job opportunities ignored by APLNG. This resulted in the seven clans rejecting the offer and joining together to demand training and job opportunities (Donaghey 2011). As to whether these demands were met is unknown.

Native Title History

The ILUA area falls within the 33,390 square kilometres of land covered by the Mandandanji People's registered application for a determination of native title, which was filed with the Federal Court of Australia on 6 November 2008. This claim was registered as proceeding QUD 366 of 2008. It remains active, but is not currently in mediation.

Related Entries

Organisation
  • Australia Pacific LNG Pty Ltd, Australia Pacific LNG Gladstone Pipeline Pty Ltd, Australia Pacific LNG (Shared Facilities) Pty Ltd and Australia Pacific LNG Processing Pty Ltd - Signatory
  • National Native Title Tribunal
  • Legislation
  • Environmental Protection Act 1994 (Qld)
  • Environment Protection and Biodiversity Conservation Act 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Leslie Weribone and others in their capacity as the registered native title claimants for the Mandandanji People's native title claim - Signatory

  • References

    General Reference
    Australia Pacific LNG Australia Pacific LNG (website)
    Australia Pacific LNG Australia Pacific LNG - Project Partners
    National Native Title Tribunal (6 November 2008) Claimant Application Summary - Mandandanji People
    National Native Title Tribunal (2011) Registered ILUA - APLNG & Mandandanji ILUA QI2011/047
    Newspaper Article
    Kathleen Donaghey (September 18, 2011) Murris unite for gas-mining fight

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Claimants (registered) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Registration Test (Native Title Act 1993 (Cth)) (Australia)

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