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Djaku-nde & Jangerie Jangerie & Wakka Wakka People and QGC Pty Limited (Balance Area) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 1 November 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:East of Cracow, Taroom and Wandoan, Queensland, Australia
The ILUA area is in central Queensland, east of Cracow, Taroom and Wandoan. It is within the jurisdiction of the North Burnett Regional Council and the Western Downs Regional Council. The ILUA area covers approximately 279 square kilometres and will be reduced to the area covered by an easement for all or part of the pipeline route for QGC's Queensland Curtis LNG project once that easement is registered under the Land Act 1994 (Qld).
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 November 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/014
Subject Matter:Future Act | Land Use | Oil and Gas
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.014/ILUARegisterExport.pdf
Summary Information:
The Djaku-nde & Jangerie Jangerie & Wakka Wakka People & QGC Pty Limited (Balance Area) Indigenous Land Use Agreement (ILUA) was agreed between QGC Pty Limited and Julianne Eisemann and others on behalf of the Djaku-nde, Jangerie Jangerie and Wakka Wakka people. The purpose of the ILUA is to provide consent for a range of acts, whether or not they are "future acts", regarding the ILUA area.

Detailed Information:
The ILUA relates to QCG's proposed Queensland Curtis LNG project(QCLNG), which involves the exploration and development of gas reserves in southern and central Queensland. For the purposes of the ILUA, the Curtis project entails the following acts:

  • The development, construction, operation and eventual decommissioning of a gas export pipeline joining the gas fields to a liquefied natural gas facility on Curtis Island;

  • The undertaking of operational activities such as general maintenance and gas metering for the pipeline

  • The undertaking of any other works that are deemed necessary for or ancillary to the pipeline.


The acts to which the signatories to this ILUA have consented in relation to this project are as follows:

  • The grant of the rights to carry out the QCLNG project, as it is outlined above, to QGC;

  • The construction, operation and maintenance of the QCLNG project and all works necessary or incidental to the project which are performed by, at the request of, or on behalf of QGC;

  • The decomissioning of the QCLNG project and the rehabilitation of the affected land.


The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the doing of these acts.

In case of a new or overlapping native title claim in relation to the ILUA area, the parties agree that the new registered native title claimants will be included as parties to this ILUA. If the new claimants' consent cannot be obtained within a reasonable time, the ILUA area will be reduced to remove that part of the ILUA area that falls within the boundaries of the new party's registered native title claim.

Background to native title in the ILUA area

The pipeline route that will contain the ILUA area after the easement is registered impacts on the land interests of the Djaku-nde and Jangerie Jangerie peoples, who have applied for a determination of native title in the Federal Court of Australia in the proceeding QUD6009 of 2000. The lands covered by the Wakka Wakka people's native title application, which was dismissed by the Federal Court of Australia in the proceeding QUD6032 of 1999, will also be affected by the pipeline route. The Wakka Wakka people's application was dismissed on the grounds that their solicitor could not certify that their application could be succesfully prosecuted in its present form. Despite this, Queensland South Native Title Services is working towards submitting a new claim on behalf of the Wakka Wakka people. The Wakka Wakka people's native title application overlapped with the application of the Djaku-nde and Jangerie Jangerie peoples.

Related Entries

Agreement
  • Djaku-nde & Jangerie Jangerie & Wakka Wakka Peoples & QGC Pty Limited Indigenous Land Use Agreement (ILUA)
  • Organisation
  • QGC Pty Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Wakka Wakka People
  • Julieanne Eisemann and others on behalf of the Djaku-nde, Jangerie Jangerie and Wakka Wakka People - Signatory
  • Jangerie Jangerie People
  • Djaku-nde People

  • References

    General Reference
    National Native Title Tribunal (1 November 2010) Extract from Register of Indigenous Land Use Agreements - Djaku-nde & Jangerie Jangerie & Wakka Wakka People & QGC Pty Ltd (Balance Area) ILUA
    National Native Title Tribunal (26 September 2000) Claimant Application Summary - Djaku-nde & Jangerie Jangerie Peoples
    Case Law
    Wakka Wakka People # 2 v State of Queensland [2009] FCA 1527 (3 December 2009)
    Media Release
    QGC Pty Limited (16 March 2010) QGC Awards Pipeline Supply Contract for QCLNG Project
    Report
    QGC Ltd (July 2009) Queensland Curtis LNG - Native Title Claims
    Resource
    National Native Title Tribunal (18 January 2011) Claimant application summary - Wakka Wakka People #2

    Documents

    Map
    Djaku-nde & Jangerie Jangerie & Wakka Wakka People and QGC Pty Limited (Balance Area) Indigenous Land Use Agreement Map - ( PDF)

    Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Area Agreement (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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