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QGC, Barada Barna 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 3265 square kilometres of land. It is located 25 kilometres southeast of Sarina extending west to Moranbah.
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: QI2012/063
Subject Matter:Exploration | Future Act | Land Management | Land Use | Native Title | Oil and Gas | Petroleum
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_QGC,_Barada_Barna_and_Wiri_ILUA_QI2012_063.aspx
Summary Information:
QGC, Barada Barna and Wiri Indigenous Land Use Agreement (ILUA) is an area agreement between:

- QGC Pty Ltd (applicant);

- Barada Barna RNTC (the Registered Native Title Claimant for the Barada Barna native title claim, which at the agreement's execution
date comprised Frank Budby, Les Budby and Cecil Brown Jnr); and

- Wiri People (by those of James Butterworth, Ronald Watson, Marilyn Duncan, Gregory Dunrobin, Kenneth Dodd, Graham Sauney, Oswald Skeen, Frank Tiers, Maurice Dallachy, Linda Wailu and Eileen Pegler who executed the agreement on their own behalf and on behalf of the Wiri People).

The purpose of this agreement is to allow QGC Pty Ltd to undertake infrastructure and production projects in the ILUA area.
Detailed Information:
Details of the Agreement

Commencement

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

Agreement

Both the Barada Barna Registered Native Title Claimant on behalf of the Barada Barna Claim Group and the Wiri people consent 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 infrastructure and production project rights and the implementation of those rights;

- the planning, investigation, construction, operation and maintenance of the infrastructure and production projects and all works necessary or incidental to the projects which are done by, at the request of, or on behalf of QGC.\; and

- the decommissioning of the infrastructure and production projects and the required rehabilitation of the land affected by the projects.

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

Both the Barada Barna Registered Native Title Claimant on behalf of the Barada Barna Claim Group and Wiri people agree that they will take reasponsible steps to enable the doing of any acts permitted or authorised under the exploration and project rights. They agree that they 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 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).

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
  • Barada Barna Kabalbara and Yetimarla People
  • Frank Budby, Les Budby and Cecil Brown Jnr on their own behalf and on behalf of the Barada Barna People (QUD380/08, QC08/11) - Signatory
  • Wiri People - Signatory

  • References

    General Reference
    National Native Title Tribunal (21/09/12) QGC, Barada Barna and Wiri ILUA extract

    Glossary

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

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