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Iman People #2 and QGC Pty Limited Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 February 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Taroom, Queensland, Australia
The ILUA area covers approximately 14,025 square kilometres of land and waters in the vicinity of Taroom, located north of Miles, east of Injune and southwest of Theodore. The ILUA area falls within the jurisdiction of Banana Shire Council, Central Highlands Regional Council, Western Downs Regional Council and Maranoa Regional Council. The ILUA area has been described as representing those parts of the Iman #2 native title claim (Federal Court File No.: QUD6162/98) that do not overlap with other registered native title claims.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 February 2011. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/003.
Subject Matter:Exploration | Housing, Construction and Infrastructure | Land Use | Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.003/ILUARegisterExport.pdf
Summary Information:
The Iman People #2 and QGC Pty Limited ILUA was agreed between:
- QGC Pty Limited and
- Russell Tatow, Patrick Silvester, Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes (being the native title claimants for the Iman People #2 Native Title Claim).

The purpose of this ILUA is to provide consent for the construction and operation of gas fields in the ILUA area as part of QGC's Queensland Curtis Liquefied Natural Gas Project.
Detailed Information:
The Queensland Curtis Liquefied Natural Gas (LNG) Project

QGC Pty Limited describes its Queensland Curtis LNG venture as a 'world scale integrated liquefied natural gas project'. The project involves the transportation of coal seam gas from the Surat Basin via an underground pipeline to a processing plant and export facility on Curtis Island, where it will be converted to LNG. The construction of this facility is intended to commence after QGC's owner BG Group makes a final investment decision on the project, and the Queensland and federal governments give the relevant environmental and regulatory approvals.

Commencement and termination of this ILUA

The ILUA commenced on the date of its authorisation. This occurred in December 2009. The ILUA is to terminate upon the decommissioning of the pipeline project.

Consent to future acts

The parties to this ILUA consent to the following future acts:

- the grant to QGC of the rights to undertake the LNG project in the ILUA area. This includes rights arising under various legislation however does not include the grant of tenements under the Mineral Resources Act 1989 (Qld);
- the planning, investigation, construction, operation and maintenance of the LNG project by QGC in the ILUA area. This includes consent to works that are incidental to the project. The project is intended to involve the use of gas wells, associated surface equipment, field compression stations, central processing plants, export pipelines, water-gathering pipelines, water management facilities (including desalination plants) and access tracks;
- the decommissioning of the LNG project.

General provisions

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the future acts to which consent has been granted under this ILUA.

Benefits to native title parties

The agreement makes reference to certain 'benefits' that will be payable to the native title parties under this ILUA. Certain benefits are payable even if QGC fails to get the relevant approvals to commence the pipeline project and the ILUA is consequently terminated. Details of the benefits payable have not been provided on the National Native Title Tribunal Register of Indigenous Land Use Agreements.

Background

The Iman People #2 native title claim (Federal Court File No.: QUD6162/98) was identified as overlapping with the project area of the Queensland Curtis LNG project. In particular, the Iman People #2 claim is expected to overlap with proposed gasfields within the project area. The Iman People #2 native title claim is the only remaining active native title claim of the Iman People. The Iman People #1 native title claim was dismissed on 1 May 2008 and the Iman People #3 native title claim has been discontinued. The Iman People #2 claim covers approximately 14,025 square kilometres of land and waters in Central and South West Queensland. The claim was filed on 30 October 1997.

The registration of this ILUA was delayed because of federal court proceedings in QGC Pty Limited (QGC) v Bygrave (No.2) [2010] FCA 1019. This case concerned a challenge instigated by one of the registered native title claimants for the Iman People #2 native title claim. This claimant had refused to sign the ILUA, despite the wider native title group authorising the signing of the ILUA. The question arose as to whether or not the ILUA could be registered on the National Native Title Tribunal ILUA database (despite not being signed by all of the registered native title claimants). Reeves J held that an individual registered native title claimant did not have the power to veto the decision of the broader group of registered native title claimants and therefore that this ILUA could be registered on the National Native Title Tribunal ILUA database.

This ILUA is one of a series of ILUAs entered into between QGC Pty Limited and various native title claimants. These ILUAs enable QGC to proceed with its pipeline project.

Related Entries

Agreement
  • Cockatoo Coal Limited and Iman People Indigenous Land Use Agreement (ILUA)
  • Iman People and Local Government Indigenous Land Use Agreement (ILUA)
  • Organisation
  • QGC Pty Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Aboriginal Cultural Heritage Act 2003 (Qld)
  • Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
  • Environmental Protection Act 1994 (Qld)
  • Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
  • Forestry Act 1959 (Qld)
  • Land Act 1994 (Qld)
  • Petroleum Act 1923 (Qld)
  • Petroleum and Gas (Production and Safety) Act 2004 (Qld)
  • State Development and Public Works Organisation Act 1971 (Qld)
  • Water Act 2000 (Qld)
  • Mineral Resources Act 1989 (Qld)
  • People
  • Russell Tatow and others on their own behalf and on behalf of the Iman People Native Title Claim Group - Signatory

  • References

    General Reference
    QGC Pty Limited (2008) QCLNG Project
    National Native Title Tribunal (30 October 1997) Claimant Application Summary - Iman People #2
    Decision
    National Native Title Tribunal (26 July 2002) Reasons for Decision - Iman People #2 - Registration Test (2002)
    Case Law
    Federal Court of Australia QGC Pty Limited v Bygrave [2010] FCA 659 (23 June 2010)
    Media Release
    QGC Pty Ltd (16 March 2010) QGC Awards Pipeline Supply Contract for QCLNG Project
    Report
    QGC Ltd (July 2009) Queensland Curtis LNG - Native Title Claims
    QGC Pty Ltd (July 2009) Queensland Curtis LNG - Social Impact Assessment for Indigenous Communities
    QGC Pty Ltd (8 February 2010) Statement in Support of Application under Section 125(1)(f) of the State Development and Public Works Organisation Act 1971 (Qld)
    Resource
    National Native Title Tribunal (3 November 2010) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements State of Queensland
    National Native Title Tribunal (2011) QLD - Registered ILUA - Iman People #2 and QGC Pty Limited ILUA QI2010/003
    Publication
    McCullough Robertson Lawyers (2010) Federal Court Decision on Indigenous Land Use Agreements
    AIATSIS (2010) What’s New - June 2010

    Glossary

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

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