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QGC and Wiri Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 8 May 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The ILUA area covers approximately 5737 square kilometres of land west of Mackay. The area extends north to the Eungella National Park and south to Nebo.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 21 September 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal file no: QI2011/034
Subject Matter:Access | Exploration | Future Act | Land Use | Mining and Minerals | Native Title | Petroleum
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_QGC_and_Wiri_ILUA_QI2012_061.aspx
Summary Information:
The QGC and Wiri Indigenous Land Use Agreement (ILUA) is an area agreement between:

- QGC Pty Ltd (applicant); and

- Wiri RNTC (the Registered Native Title Claimant for the Wiri People Core Country Native Title Claim, which at the date of this agreement
comprised James Butterworth, Ronald Watson, Marilyn Duncan, Gregory Dunrobin, Kenneth Dodd, Graham Sauney, Oswald Skeen, Frank Tiers, Maurice Dallachy, Linda Wailu and Eileen Pegler)

The purpose of this ILUA is to allow QGC Pty Ltd to undertake a petroleum project involving the exploration, production and distribution of petroleum in the ILUA area.
Detailed Information:
Details of the Agreement

Commencement

The ILUA commenced operation on 8 May 2012. It will operate until the petroleum project is decomissioned. However, the ILUA will terminate if QGC decides not to continue with the petroleum project or the ILUA is not registered by 30 June 2012.

Agreement

The Wiri Registered Native Title Claimant on behalf of the Wiri Claim Group consents to the doing of the following acts within the ILUA Area:

- the grant to QGC of the exploration rights and activities necessary or incidential to the exploration of petroleum;

- the grant to QGC of the petroleum project rights and the implementation of those rights;

- the planning, investigation, construction, operation and maintenance of the petroleum 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 petroleum project and the required rehabilitation of the land affected by the project.

The parties acknowledge that the non-extinguishment principle under the Native Title Act 1993 (Cth) applies to any granted exploration or project right as well as the doing of any of the above mentioned acts.

The Wiri Registered Native Title Claimant agrees that it will take reasponsible steps to enable the doing of any acts permitted or authorised under the Exploration and Project Rights. It agrees that it will not unreasonably object to the above mentioned acts or do or omit to do anything that would prevent or delay the above mentioned acts.

Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, does not apply to the doing of the above mentioned acts.

Native Title history

The Wiri People lodged an application for the recognition of native title rights and interests in 2006 over 5735.57 square kilometres in central Queensland (Federal Court file no: QUD372/06; Tribunal file no: QC06/14). The claim has been registered (National Native Title Tribunal, Claimant application summary - Wiri People Core Country Claim).

Related Entries

Organisation
  • QGC Pty Limited - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Wiri People
  • Wiri Registered Native Title Claimant for the Wiri People - Signatory

  • References

    General Reference
    National Native Title Tribunal (21/09/2012) QGC and Wiri ILUA extract

    Documents

    Document
    QGC and Wiri ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Claimants (registered) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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