Owen Springs Gas Pipeline Indigenous Land Use Agreement (ILUA)
|Date: ||10 June 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Southwest of Alice Springs|
|State/Country:||Northern Territory, Australia|
|The ILUA area constitutes a corridor that is approximately 10 kilometres long and 100 metres wide. The ILUA area is located approximately 15 kilometres south-west of Alice Springs and partly covers NT Portion 1406. The ILUA area falls within the jurisdiction of MacDonnell Shire.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 December 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. DI2008/003.|
|Subject Matter:||Land Use | Oil and Gas|
|Summary Information: |
|The Owen Springs Gas Pipeline ILUA was agreed between:|
- Power and Water Corporation;
- Central Land Council; and
- Envestra Limited.
The purpose of the ILUA is to provide consent for the construction and operation of a pipeline project in the ILUA area.
|Detailed Information: |
Envestra is seeking to construct a gas pipeline to transport gas from a pre-existing pipeline, the Palm Valley to Alice Springs Gas Pipeline, to two different delivery points, being (1) an area identified as the Brewer Industrial Estate (which is earmarked for the development of a power station by Power and Water Corporation); and (2) an area identified as the Pine Gap Site (adjacent to Kuyunba Conservation Reserve). The Pipeline will run across the Owen Springs pastoral lease.
The parties unconditionally consent to the doing of 'Relevant Acts'. Relevant Acts are defined as either (1) acts done in connection with or incidental to the investigation, development, construction, installation, use, operation, maintenance, repair, replacement and decommissioning of the Pipeline (and an associated powerline); or (2) the grant of all approvals and authorities for the purpose of the aforementioned project.
The parties agree not to challenge the validity of the abovementioned 'Relevant Acts' at any time in the future.
Pursuant to this ILUA, the Native Title Party agrees that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to the doing of any Relevant Acts.
The parties acknowledge that this ILUA has retrospective operation and will validate any previous 'Relevant Acts' (defined above)that have been invalidly done (ie. where there has been a lack of compliance with the processes set out in the Native Title Act 1993 (Cth)).
The ILUA comes into effect on 10 June 2008 and continues in effect for the duration of the Pipeline project.