Port Curtis Coral Coast & QGC Pty Limited Indigenous Land Use Agreement (ILUA)
|Date: ||20 March 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||West of Gladstone, Queensland, Australia|
|The ILUA area covers approximately 168 square kilometres, located west of Gladstone. Upon the grant of an easement for the pipeline route of the project, the ILUA area will reduce to reflect the size of the easement.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 January 2011. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. QI2010/009.|
|Subject Matter:||Exploration | Mining and Minerals|
|Summary Information: |
|The Port Curtis Coral Coast & QGC Pty Limited ILUA was agreed between: |
- QGC Pty Limited; and
- Selwyn James Appo, Leigh Anthony Blackman, Lynette Yvonne Booth, Stephen Joseph Collins, Maureen Joyce Eggmolesse, Rayleen Evelyn Goltz, Tony Edward Johnson, Dean Sarra, Neola Marie Savage, Michelle Lydia Smith, Maxine Victoria Ann Thompson, Netta Margaret Tyson, Malcolm Alfred Walker and Michael John Williams (being the registered claimants in the Port Curtis Coral Coast native title claim).
The purpose of this ILUA is to provide consent for the construction and operation of a gas export pipeline and LNG processing facility 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 of this ILUA
This ILUA commences on the date of its authorisation. This occurred on 20 March 2010.
The ILUA will terminate:
- upon the decommissioning of the project;
- if QGC fails to obtain approval for the project from the relevant authorities;
- if the ILUA is not registered on the National Native Title Tribunal Register of ILUAs by 30 November 2010 (although it appears that this date has been amended by a subsequent agreement, as this ILUA was registered on 17 January 2011)
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. More specifically, this includes consent to the construction and use of a gas pipeline network, an export pipeline, the LNG processing facility, onshore gas reception facilities, gas pre-treatment facilities, gas refrigeration and liquefaction units and jetty and docking facilities; and
- the decommissioning of the LNG project.
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. These benefits include financial benefits, training and employment benefits and the development of an indigenous business strategy. Details of the benefits have not been provided on the National Native Title Tribunal Register of Indigenous Land Use Agreements. The benefits are payable, even if QGC is unable to proceed with the pipeline project due to a failure to receive approval from the relevant authorities. A member of the Gurang People, one of those represented by the Port Curtis Coral Coast native title claim, is said to be pleased with the benefits provided for in the ILUA (Emery, 2010).
Native title in the ILUA area
The Port Curtis Coral Coast native title claim (Federal Court File No.: QUD6026/01) was identified as overlapping with the project area of the Queensland Curtis LNG project. In particular, the Port Curtis Coral Coast claim is expected to overlap with the proposed pipeline and LNG processing facility.
The Port Curtis Coral Coast claim group is an amalgamation of the following previous native title claims:
- Gooreng Gooreng #1
- Gooreng Gooreng #2
- Taribelung Bunda.
The Port Curtis Coral Coast native title claim extends over approximately 19,283 square kilometres of land and waters in the Bundaberg and Gladstone Region of Queensland. This claim was filed on 25 July 2001 and is currently in mediation.
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.
This ILUA is also one of a series of ILUAs entered into between the Port Curtis Coral Coast native title claim group and various mining companies, being Santos, QGC and Surat Galdstone Pipeline Pty Ltd. All of these ILUAs were authorised over the same weekend in March 2010, although they have each been registered at different times.