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Northern Gas Pipeline: Phillip Creek Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 April 2017
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 all the land and waters within the area bounded by the coordinates as specified in Schedule 1 and a buffer extending 500 metres north and 250 metres south of a line passing through the co-ordinate points listed in Schedule 1, and within the external boundary of the Phillip Creek Pastoral Lease Native Title Claim (National Native Title Tribunal No.: DC2014/009).

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

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 2 March 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: Dl2017/003
Subject Matter:Economic Development | Future Act | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2017/003
Summary Information:

The Northern Gas Pipeline: Phillip Creek Indigenous Land Use Agreement (ILUA) is an area agreement, made under the provisions of theNative Title Act 1993 (Cth), between:

  • Jemena Northern Gas Pipeline Pty Ltd and Central Land Council;
  • the Central Land Council;
  • Colin Freddie, Geoffrey Taylor, Janice Waistcoat, Lenny Williams, Michael Williams, Ronald Hughes, Sharon Bill and William Stokes on behalf of the Kankawarla, Kanturrpa, Jajjnyarra, Linga, Patta, Pirrtangu, Purrurtu, Wapurru and Yurtminyi landholding groups; and
  • the Northern Territory of Australia.

The agreement area covers about 30 sq km, extending 38km westward from the Barkly Highway, commencing about 38km north of Tennant Creek.

The purpose of the ILUA is to provide consent for future acts, and pipeline licensing.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is Barkly Regional Council.

The Native Title Representative Body for this area is Barkly Regional Council.

Detailed Information:

Details of the Agreement:

Commencement:

This agreement operates from 7 April 2017.

Termination:

The agreement will terminate on the date the Principal Agreement terminates, unless terminated earlier in accordance with clause 6.6(b) of the agreement. This clause is not specified in the Extract.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title ACT 1993 (Cth) do not apply with respect to the acts agreed to in the agreement.

Future act provisions

The Extract notes that there are statements within the agreement of the kind which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of theNative Title Act1993(Cth), and so the consequences set out under these sections are triggered. This means that the agreement provides consent for the doing of certain acts by the non-native title parties. Specifically the agreement 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 above 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 agreement is located partly within the native title determination area recognised by the Federal Court of Australia (FCA) on 3 August 2017 in the proceeding Freddie v Northern Territory (FCA File No.: NTD50/2017; NNTT No.: DCD2017/005).


Related Entries

Agreement
  • Freddie v Northern Territory [2017] FCA 867
  • Organisation
  • National Native Title Tribunal
  • Jemena Northern Gas Pipeline Pty Ltd - Signatory
  • Central Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Barkly Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Colin Freddie and others on their own behalf and on behalf of the Kankawarla, Kanturrpa, Jajjinyarra, Linga, Patta, Pirrtangu, Purrurtu, Wapurru and Yurtuminyi landholding groups - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for DI2017/003 as at 02/03/2018 Northern Gas Pipeline: Phillip Creek ILUA - ( 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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