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Arrow Jangga LNG Project Indigenous Land Use Agreement (ILUA)
|Date:||9 December 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Queensland , Australia|
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|The area subject to this agreement covers approximately 750 square kilometres, located about 115 kilometres west of Mackay. This agreement falls within the Local Government Authorities of Isaac and Whitsunday Regional Councils. The ILUA Area is located in close proximity to the Goonyella Mine, located 30 kilometres north of Moranbah in central north Queensland.|
|Legal Status:||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 9 December 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||Tribunal file no:QI2011/028|
|Subject Matter:||Economic Development | Future Act | Housing, Construction and Infrastructure | Mining and Minerals | Oil and Gas|
|The Arrow Jangga LNG Project Indigenous Land Use Agreement (ILUA) is an area agreement between:|
- Arrow Energy Pty Ltd; and
- Colin McLennan, James Gaston, Thomas Brown, Tyrone Tiers, Dorothy Hustler and Marie McLennan registered native title claimant for Native Title Determination Application QUD6230/98 (Jangga People).
The purpose of the agreement is to provide consent to the project activities proposed by Arrow Energy.
|Details of the agreement|
Commencement and termination
The commencement date and the end date of the ILUA was not stated in the National Native Title Tribunal extract.
The Agreement may be terminated in the following circumstances:
- at any time by agreement in writing between the parties to the agreement; and
- if Arrow Energy decides not to proceed with the Project or that part of the Project which relates to the ILUA Area, the Agreement may be terminated by Arrow Energy giving notice to the Native Title Party, the Jangga People.
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 or water derived in the process of extracting natural gas;
- agricultural activities which use the water derived;
- anything permitted by or required by the above activities. For a detailed list 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 the contruction and operation of any future main gas transmission pipeline which 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;
- anything permitted by or required by the above activities. For an extensive list see Claues 7.1.
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 Jangga People lodged an application for the recognition of native title rights and interests in 1998 over 20,350 square kilometres in central Queensland (Federal Court file no: QUD6230/98; Tribunal file no: QC98/10). The claim has been registered and is currently in mediation (National Native Title Tribunal, Claimant application summary - Jangga People).
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