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Extract from Register of Indigenous Land Use Agreements

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Extract from Register of Indigenous Land Use Agreements Extract from Register of Indigenous Land Use Agreements NNTT number QI2006/043 Short name PNG Gas Pipeline ILUA - Cape York Region ILUA type Area Agreement Date registered 15/05/2008 State/territory Queensland Local government region Cook Shire Council, Northern Peninsula Area Regional Council, Tablelands Regional Council, Torres Shire Council, Mapoon Aboriginal Council, Napranum Aboriginal Council Description of the area covered by the agreement [Explanatory notes in brackets inserted by National Native Title Tribunal.] [The area subject to this agreement is located on the Cape York Peninsula and extends from Injinoo in the north to about 180 km north west of Cairns in the south and covers approximately 17,830 sq km, and is that part of the corridor of lands and waters bisected by the route of the PNG Pipeline, being the bounded area of lands and waters of approximately 20 kilometres in width.] "Agreement Area" means part of the corridor of lands and waters bisected by the route of the PNG Pipeline, being the bounded area of lands and waters of approximately 20 kilometres in width within the two lines identified in the map annexed to this Agreement at Annexure B, which bounded area is also generally described in that Annexure. [Annexure B contains a description of the agreement area by reference to coordinate points]. [The area description and map of the agreement area contained at Annexure B of the agreement is attached to this Register of Indigenous Land Use Agreements extract.] Parties to agreement Applicant Party name Cape York Pipeline Company Pty Ltd Contact address C/- Carnegie Wylie and Company Pty Ltd Level 45, Citigroup Centre 2 Park Street SYDNEY NSW 2000 Other Parties Party name Mapoon People Contact address C/O Cape York Land Council, PO Box 2496 Cairns QLD 4870 Party name Olkola/ Kunjen Peoples, Thaypan Peoples, Ayapathu Peoples, Kaanju (South) Peoples, Kaanju (North) Peoples, Yinwum/ Yianh Peoples, Thanakwithi Peoples, Yupungathi Peoples, Alngith Peoples, Atambaya Peoples, Ankamuthi (Angkamuthi) Peoples, Yadaikana (Yadhaykenu) Peoples, Gudang Peoples National Native Title Tribunal Page 1 of 2 Extract from Register of Indigenous Land Use Agreements QI2006/043 Version created: 17/6/2020 04:34 PM Further information: National Native Title Tribunal 1800 640 501 Contact address C/O Cape York Land Council, PO Box 2496 Cairns QLD 4870 Party name Weipa Peninsula People Contact address C/O Cape York Land Council, PO Box 2496 Cairns QLD 4870 Period in which the agreement will operate Start date not specified End Date not specified Terms: 2.1 Part 4 will commence operation on the date of execution of this Agreement. Upon the date of registration on the Register of Indigenous Land Use Agreements, the remainder of the Agreement will commence operation. 2.4 This Agreement will remain in effect for 10 years only if no license for the PNG Gas Pipeline is obtained by CYP within a period of 10 years from the date of registration on the Register of Indigenous Land Use Agreements. Upon expiry of that period of 10 years, without a license being obtained by CYP, the Agreement will terminate and will be removed from the Register of Indigenous Land Use Agreements. 2.5 If CYP obtains a license for the PNG Gas Pipeline within the period of 10 years from the date of registration, this Agreement will remain in effect before Completion of Construction and for a period of 30 years after the Completion of Construction. At least 12 months prior to the end of that 30 year period, CYP may extend the term of this Agreement by written notice to the Native Title Groups, subject to the Parties negotiating in good faith in a timely manner after any such notice to agree additional consideration payable to the Native Title Groups for the renewal. Statements of the kind mentioned in ss. 24EB(1) or 24EBA(1) or (4) Clause 3 Consent to Future Acts: 3.1 The parties consent to the grant to CYP, pursuant to the Petroleum and Gas (Production and Safety) Act 2004 (Qld), of a pipeline licence in respect of the Agreement Area, for the purposes of CYP constructing and operating the PNG Gas Pipeline. 3.2 The parties consent to CYP entering the Agreement Area for all purposes necessary in order to construct and/or operate the PNG Gas Pipeline, subject to substantial compliance with this Agreement. 3.3 In accordance with paragraph 24EB(1)(b) of the Native Title Act, the parties consent to the doing of any of the future acts authorised by this Agreement. 3.4 The Parties will conduct themselves in relation to each other and in relation to any individual entitled to the enjoyment of Native Title Rights and Interests in the Agreement Area, as if their doing of any future act under this Agreement were an act to which the non-extinguishment principle applied at all relevant times. Defined terms: “Cape York Pipeline Company Pty Ltd’ and “CYP” means the Cape York Pipeline Company (ACN118286 516). “Non-extinguishment Principle” has the same meaning as in section 223 of the Native Title Act. Attachments to the entry QI2006_043 Attachment A - Map of Agreement Area.pdf QI2006_043 Attachment B - Agreement Area Description.pdf National Native Title Tribunal Page 2 of 2 Extract from Register of Indigenous Land Use Agreements QI2006/043 Version created: 17/6/2020 04:34 PM Further information: National Native Title Tribunal 1800 640 501.
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