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QGC Pty Limited - Jangga Indigenous Land Use Agreement

Category: Agreement
Date: 2 March 2013
Date To: The Agreement will terminate upon decommissioning of the Project, or if QGC determines not to proceed with the Project within the ILUA Area.
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:110 kilometres west of Mackay, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) includes approximately 20,620 square kilometres of land located about 110 kilometres west of Mackay and falls within the Local Government Authorities of Whitsunday, Isaac and Charters Towers Regional Councils.
Legal Status: National Native Title Tribunal File No.:QI2011/032
Legal Reference: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 March 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Subject Matter:Exploration | Native Title | Oil and Gas | Petroleum
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_QGC_Pty_Limited_-_Jangga_ILUA_QI2011_032.aspx
Summary Information:
The QGC Pty Limited - Jangga Indigenous Land Use Agreement (ILUA) was agreed between:

- QGC Pty Limited; and

- The registered native title claimant for the Jangga People native title claim, comprising Colin McLennan, James Gaston, Thomas Brown,
Tyrone Tiers, Dorothy Hustler and Marie McLennan.

The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts' to facilitate a Coal Seam Gas Project in the Bowen Basin involving the exploration, production and distribution of Coal Seam Gas through the operation of pipelines and associated infrastructure.
Detailed Information:
Pursuant to this ILUA, the parties give their consent to the following:

- the grant to QGC of the Exploration Rights and activities necessary or incidental to the
exploration for Petroleum;

- the grant to QGC to the Project Rights and the implementation of those Project Rights;

- the planning, investigation, construction, operation and maintenance of the Project and all
works necessary or incidental to the Project which is done by, at the request of, or on behalf of
QGC; and

- the decommissioning of the Project and the required rehabilitation of the land affected by
the Project.

Non-extinguishment principle:
The parties agree that the non-extinguishment principle applies - this means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

Native title in the ILUA area

The Jangga People have lodged a registered claimant application for a determination of native title over 20,350 square kilometres of land in central Queensland, which includes the ILUA area. The claim was filed as proceeding QUD 6230 of 1998 with the Federal Court of Australia on 2 April 1998. The Jangga People's claim remains active, and is now in mediation.

While their native title claim has not yet been finalised, the Jangga People have also entered into an Indigenous Land Use Agreement with the Charters Towers Regional Council, the Isaac Regional Council and the Whitsunday National Council. This ILUA was signed on 19 July 2010, and included the formal recognition of the Jangga People as the traditional owners of 20,700 square kilometres of land in the vicinity of Mt Coolon.

Related Entries

Agreement
  • Jangga People and Charters Towers Regional Council, Isaac Regional Council and Whitsunday Regional Council Indigenous Land Use Agreement (ILUA)
  • Organisation
  • QGC Pty Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Colin McLennan and others on their own behalf and on behalf of the Jangga People - Signatory
  • Jangga People

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