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Arrow Barada Barna People LNG Project Indigenous Land Use Agreement (ILUA)
|Date:||6 June 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Queensland , Australia|
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|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: The area subject to this agreement covers about 13,110 square kilometres and is located approximately 70 kilometres south of Mackay.|
|Legal Status:||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 14 December 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||Tribunal file no: QI2011/031|
|Subject Matter:||Future Act | Mining and Minerals | Oil and Gas|
|The Arrow Barada Barna People LNG Project Indigenous Land Use Agreement (ILUA) is an area agreement between Arrow Energy Pty Ltd (applicant) and Frank Budby, Les Budby and Cecil Brown Jnr on their own behalf and on behalf of the Barada Barna People. The ILUA was entered into on the 6 June 2011 for the purpose of providing consent to the project activities of the applicant.|
|Details of the agreement|
Right to negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
Consent to Project Activities
The parties to the ILUA consent to the following activities:
- the exploration, extraction, collection, processing or production of natural gas and water which occurs as a result of the extraction of gas;
- agricultural activities which use the water arising out of the extraction of gas; and
- anything permitting or requiring the above activities (for full details see Clause 7.1.
The parties to the ILUA consent to all Gas Transmission Related Project Activities which include any project activity which is necessary or desirable for:
- the collection, distribution, transmission or transportation of natural gas;
- the collection, distribution, transmission or transportation of water derived from the process of extracting natural gas;
- any Looping Project. A Looping Project is any activity by or on behalf of Arrow Energy which permits or requires the contruction and operation of any future main gas transmission pipeline which increases or strengthens the capacity of any existing main gas transmission pipeline or is located generally parallel to any existing main gas transmission pipeline comprising part of the project; and
- anything required by or permitting the activities listed above, for example, any grant of tenemants, petroleum tenures, licences etc (for a full list see Clause 7.1).
The parties to the ILUA consent to validate any future acts:
- which may have been done invalidly before the registration date (14 December 2011);
- are included in the Project Activities;
- are undertaken by Arrow Energy;
- were not done by or on behalf of the Commonwealth government nor the State of Queensland. These acts will become valid on the registration date (14 December 2011).
Background to the ILUA
Arrow Energy is an integrated coal seam gas company with over 500 coal seam gas producing wells in Queensland. The project aims to establish the drilling sites before transporting the gas through the planned Surat Gladstone and Central Queensland Gas Pipelines to a Liquefied Natural Gas Plant in Gladstone, which will have an expected capacity of eight million tonnes a year. There, the coal seam gas will be cooled and converted to liquid for international shipping (Arrow Energy Website).
Native Title History
The Barada Barna People lodged an application for the recognition of native title rights and interests in 2008 over 16,440 square kilometres west of Rockhampton (Federal Court file no: QUD380/08; Tribunal file no: QC08/11). The claim has been registered (National Native Title Tribunal, Claimant application summary - Barada Barna People).
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