QGC and Barada Barna Indigenous Land Use Agreement (ILUA)
|Date: ||8 May 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The ILUA area covers approximately 13106 square kilometres of land. It is located 36 kilomtres southeast of Sarina extending from Moranbah in the north to Middlemount in the south.|
|Legal Status: ||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 21 September 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal file no: QI2012/062|
|Subject Matter:||Access | Exploration | Land Use | Mining and Minerals | Native Title | Oil and Gas|
|Summary Information: |
|The QGC and Barada Barna Indigenous Land Use Agreement (ILUA)is an area agreement between:|
- QGC Pty Ltd (applicant); and
- Barada Barna RNTC (the Registered Native Title Claimant for the Barada Barna native title claim, which at the agreement's execution date comprised Frank Budby, Les Budby and Cecil Brown Jnr).
The purpose of this agreement is to allow QGC Pty Ltd to undertake infrastructure and production projects in the ILUA area.
|Detailed Information: |
|Details of the agreement|
The ILUA commenced operation on 8 May 2012. It will operate until the production and infrastructure projects are decomissioned. However, the ILUA will terminate if QGC decides not to continue with the projects or the ILUA is not registered by 30 June 2012.
The Barada Barna Registered Native Title Claimant on behalf of the Barada Barna Claim Group consents to the doing of the following acts within the ILUA Area:
- the grant to QGC of the exploration rights and activities necessary or incidential to the exploration of petroleum;
- the grant to QGC of the production and infrastructure project rights and the implementation of those rights;
- the planning, investigation, construction, operation and maintenance of the production and infrastructure projects and all works necessary or incidental to the projects which is done by, at the request of, or on behalf of QGC; and
- the decommissioning of the production and infrastructure projects and the required rehabilitation of the land affected by the projects.
The parties acknowledge that the non-extinguishment principle under the Native Title Act 1993 (Cth) applies to any granted exploration or project rights as well as the doing of any of the above mentioned acts.
The Barada Barna Registered Native Title Claimant agrees that it will take reasponsible steps to enable the doing of any acts permitted or authorised under the exploration and project rights. It agrees that it will not unreasonably object to the above mentioned acts or do or omit to do anything that would prevent or delay the above mentioned acts.
Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, does not apply to the doing of the above mentioned acts.
Native Title history
The Barada Barna People lodged an application for the recognition of native title rights and interests in 2008 over 16,440 square kilometres west of Rockhampton (Federal Court file no: QUD380/08; Tribunal file no: QC08/11). The claim has been registered (National Native Title Tribunal, Claimant application summary - Barada Barna People).