BGP Fish River Indigenous Land Use Agreement (ILUA)
|Date: ||5 March 2009|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Fish River Station|
|State/Country:||Nothern Territory, Australia|
|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:
"The area subject to this agreement is a 100 metres wide corridor, covering about 10 square kilometres in total and located approximately 145 kilometres south of Darwin in the vicinity of Daly River. The agreement falls within the Local Government Authorities of Victoria - Daly Shire." The area is also within Jabiru Regional Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 March 2009. This is a certified Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: DI2007/003|
|Subject Matter:||Access | Future Act | Housing, Construction and Infrastructure | Land Use | Native Title | Oil and Gas|
|URL: ||Contact Native Title Tribunal http://www.nntt.gov.au|
|Summary Information: |
|The BGP Fish River Indigenous Land Use Agreement (ILUA) was agreed between the Power and Water Corporation (APPLICANT) and Paddy Huddlestone, Margaret Foster, Kathleen Parry, Arthur Que Noy and Albert Myoung, BGP Tenure Holdings Pty Ltd (BGPT), the Northern Land Council and APT Bonaparte Pty Ltd.|
The purpose of the ILUA is to provide consent for the construction and operation of a gas pipeline between Wadeye and Ban Ban Springs and for other acts necessary to give effect to the project.
|Detailed Information: |
|The parties consent to:|
the construction and operation of a gas pipeline within a 100 metres wide corridor crossing Fish River Station between Wadeye and Ban Ban Springs;
the grant and/or renewal of any assignment, transfer or substitution of any licence to permit the construction and commissioning of the pipeline within the ILUA area to the pipeline proponent or BGPT;
the grant and/or renewal of any assignment or transfer of a non-exclusive tenure for the construction, commissioning, operation and maintenance of the pipeline; and
any and all acts necessary or incidental to the efficient implementation of the project provided that such acts have no greater effects on native title than any of the acts done in accordance with the grants and/or renewal expressly consented to in the ILUA.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.
The ILUA is to operate 'for the duration of the project'.