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Tanami Gas Pipeline: Mt Doreen Perpetual Pastoral Lease Indigenous Land Use Agreement ('ILUA')

Category: Agreement
Date: 29 October 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as the area within a buffer extending 50 meters passing through the co-ordinate points listed in attached schedule 1. 

State/Country:Northern Territory , Australia
The area is within the jurisdiction of the Central Desert Regional Council
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29/10/2018. This is an authorised body corporate under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: Dl2018/007
Subject Matter:Future Act | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2018/007
Summary Information:

The Tanami Gas Pipeline: Napperby Perpetual Pastoral Lease Indigenous Land Use Agreement ('ILUA') was registered with the National Native Title Tribunal on 29/10/2018, under the Native Title Act 1993 (Cth), between:

  • AGI Tanami Pty Limited;
  • Ngalyia Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC');
  • Central Land Council; and
  • Northern Territory of Australia.

The ILUA area covers about 6.32 sq km and is located adjacent to and north of Tanami Road in the Tilmouth Crossing area, about 328 km north west of Alice Springs. 

The purpose of the ILUA is to provide consent for Pipeline licensing and development of the pipeline.

The Native Title Representative Body for this area is the Central Land Council.

Detailed Information:

Details of the Agreement:

Commencement:

This ILUA commenced operating on the 16 May 2018. 

Termination:

This ILUA will terminate on the date the Principal Agreement titled 'Benefits and Impact Agreement: Tanami Gas Pipeline' comes to an end.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the doing of any or all of the relevant acts in the ILUA. 

Future act provisions

The extract notes that there are statements within the ILUA of the kind which are mentioned in ss24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are triggered. This means that the ILUA provides consent for the doing of certain acts by the non-native title parties. Specifically the ILUA provides consent for the doing of the following acts:

  • the grant of the Pipeline Licence;
  • the grant of any right, title or interest in respect of the Pipeline or the Project;
  • the grant of tenure;
  • the conduct of Activities;
  • the operation of the pipeline; and
  • any and all acts necessary or incidental to the Relevant Acts or to the implementation of the Project provided that such acts have no greater effect on native title than any of the acts done in accordance with the above. 

Native Title in the Area:

This ILUA is located within the native title determination area recognised by the Federal Court of Australia ('FCA') proceeding Napangardi on behalf of the members of Jiri/Kuyukurlangu, Kampu,
Kunajarrayi, Mikanji, Pikilyi, Pirrpirrpakarnu, Wantungurry,
Wapatali/Mawunji, Warlukurlangu, Yamaparnta, Yarripiri and Yarungkanyi/Murrku Estate Groups v Northern Territory of Australia
[2013] FCA 637. (FCA File No.: NTD39/2011, NNTT File No.: DCD2013/002).


Related Entries

Organisation
  • National Native Title Tribunal
  • AGI Tanami Pty Limited - Signatory
  • Central Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Ngalyia Aboriginal Corporation RNTBC - Signatory
  • Central Desert Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for Dl2017/005 as at 02/03/2018 (Tanami Gas Pipeline: Mt Doreen Perpetual Pastoral Lease ILUA). - ( Thumbnail | PDF | PDF | PDF | PDF | PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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