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Bigambul & QGC Pty Ltd Indigenous Land Use Agreement (ILUA)
|Date:||12 January 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Queensland , Australia|
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|The ILUA Area covers the Bigambul People's Native Title Claim area excluding any areas of overlap with any other registered Native Title Claims at the date of Registration.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 January 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Subject Matter:||Housing, Construction and Infrastructure | Mining and Minerals | Native Title | Oil and Gas|
|The Bigambul & QGC Pty Ltd Indigenous Land Use Agreement (ILUA) is an area agreement between the QGC Pty Ltd (applicant) and the Bigambul People. |
The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts'. In particular the purpose of the agreement is to provide for the undertaking of the Project. The Project includes the development of QGC's participation in the gas industry in Queensland in particular relating to the exploration, planning, construction, operation and maintainence of gas wells, pipelines field compression station, central processing plants, access tracks. The agreement will terminate upon the decommisioning of the Project.
Essentially, the Bigambul & QGC Pty Ltd ILUA is an agreement for the purpose of providing consent to QGC's construction of an underground 450km long gas pipeline from southern Queensland to Curtis Island in Gladstone.
|Details of the agreement|
The parties to the ILUA consent to the doing of the following acts whether or not they be 'future acts':
- the grant to QGC of the Project Rights and the implementation of the Project Rights. The Project Rights mean any grant, variation, extension or renewal of any Tenemments, authorisation, lease, licence permit, approval, certificate, consent etc. which is necessary or desirable for undertaking the Project under various legislative instruments;
- the planning, investigation, construction, operation and maintenance of the Project and all
works necessary or incidental to the Project; and
- the decommissioning of the Project and the required rehabilitation of the land affected by the Project.
Right to Negotiate
The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Under the Native Title Act 1993 (Cth) term any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.
Background to the ILUA
Native Title History
A native title application was lodged in 2009 by the Bigambul People for recognition of native title rights and interests over the land and waters in south-west Queensland near the border with New South Wales. The application was accepted for registration pursuant to s66 of the Native Title Act 1993 (Cth).
QGC Pty Ltd is a coal seam gas exploration and mining company. QGC Pty Ltd is committed to the Queensland Curtis LNG Project, which involves expanding exploration and development in southern and central Queensland and transporting gas through a 540km underground pipeline network to Curtis Island near Gladstone where it will be liquefied (QGC Pty Ltd, 2010; QGC Pty Ltd, 2012).
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