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Bigambul & QGC Pty Ltd Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 January 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland , Australia
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).
Legal Reference: QI2010/024
Subject Matter:Housing, Construction and Infrastructure | Mining and Minerals | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Bigambuland_QGC_Pty_Limited_ILUA_QI2010_024.aspx
Summary Information:
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.
Detailed Information:
Details of the agreement

Future Acts

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).

The Project

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).

Related Entries

Organisation
  • QGC Pty Limited - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Bigambul People - Signatory

  • References

    General Reference
    National Native Title Tribunal Registered ILUA - Bigambul and QGC Pty Limited ILUA QI2010/024
    Media Release
    QGC Pty Ltd (17 February 2012) Pipeline work ramps up
    QGC Pty Ltd (16 March 2010) QGC Awards Pipeline Supply Contract for QCLNG Project
    QGC Pty Ltd (2010) QGC announces major water treatment plant and pipeline at Chinchilla
    Resource
    National Native Title Tribunal (8 September 2010) Notice of Applications to Register Area Agreements on the Register of Indigenous Land Use Agreements: Gangulu and Warrabal Peoples and QGC Pty Limited ILUA QI2010/022; Bigambul People and QGC Pty Limited ILUA QI2010/024.

    Glossary

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

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