Santos/Petronas/Bidjara GLNG Indigenous Land Use Agreement (ILUA)
|Date: ||16 November 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||North-East of Injune|
|The area covered by this ILUA comprises approximately 27 square kilometres of land and waters around 37 kilometres north-east of Injune in the state of Queensland. The ILUA area is in the vicinity of Baffle and Hutton Creeks. It falls within the jurisdiction of the Banana Shire Council and the Maranoa Regional Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 November 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. QI2010/015.|
|Subject Matter:||Land Use | Native Title | Oil and Gas|
|Summary Information: |
|This Indigenous Land Use Agreement (ILUA) was agreed between:|
- Santos GLNG Pty Ltd;
- Petronas Australia Pty Limited; and
- Patricia Fraser, Helen Coulahan, Sheryl Lawton, Keelen Mailman, Robert Robinson, Brendan Wyman, Floyd Robinson, Randall Johnson and Robert Mailman on their own behalf and on behalf of the Bidjara Native Title Claim Group.
The purpose of this ILUA is to provide consent for a range of acts by Santos and Petronas in relation to a 435-kilometre gas transmission pipeline that forms part of their joint venture Gladstone Liquefied Natural Gas (GLNG) project.
|Detailed Information: |
|The Gladstone Liquefied Natural Gas (GLNG) project|
The GLNG project that this ILUA is intended to facilitate consists of the construction and operation of a 435-kilometre gas transmission pipeline to transfer coal seam gas from upstream gas fields in central Queensland to a proposed natural gas liquefaction and export facility on Curtis Island near Gladstone. The project also involves the establishment of all other infrastructure necessary for both the pipeline and the gas facility.
Content of this ILUA
Pursuant to this ILUA, the Bidjara Native Title Applicants and the Bidjara Native Title Claim Group consent to the grant of all relevant approvals and the undertaking of a number of activities in relation to the Santos-Petronas GLNG project - whether or not they constitute future acts.
The relevant grants and approvals include:
The grant of a Pipeline Licence under the Petrol and Gas (Production and Safety) Act 2004 (Qld);
Approvals that are necessary or desirable for the construction, operation, use, maintenance, repair, further development, decommissioning or rehabilitation of the Pipeline;
The compulsory acquisition of native title within the ILUA area following a grant of tenure from the government (where that grant of tenure is necessary to fulfill the purpose of an approval); and
Approvals for a grant of easements in the ILUA area.
The activities to which consent has been given under this ILUA include the following:
Access and entry to the pipeline land;
The construction, operation, use, maintenance, repair, further development, decommissioning and rehabilitation of the pipeline on the pipeline land; and
Any other activities to be conducted within the ILUA area pursuant to the Pipeline License or any other project-related approval.
Right to negotiate provisions
The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to any of the future acts to which consent has been granted under this ILUA.
Background to this ILUA
The Bidjara native title claim over land that includes the ILUA area was filed with the Federal Court of Australia on 23 July 2008 as proceeding QUD 216 of 2008. The claim extends over approximately 115,010 square kilometres of land and waters in South Western Queensland. The claim is currently active.
This ILUA is one of 42 agreements entered into by Santos Ltd and Petronas Australia Pty Limited with Aboriginal peoples for the purposes of their joint venture, the GLNG project. These agreements form the largest body of agreements to be signed with Aboriginal groups in the history of Australia's resources industry. According to a media release by Santos GLNG Pty Ltd, these agreements will lead to new employment, training and enterprise opportunities for the Aboriginal communities involved.