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Mer Reserve Transfer Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 February 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Torres Strait, Queensland, Australia
The ILUA is located with the Torres Strait Island Regional Council local government region. The ILUA area is defined as follows: - Lots 1 and 55 on SP249803 as shown on survey plan in Schedule 1; - Lots 10, 35, 48, 60, 63, 67, 99, 133, 155, 158-160, 165, 166, 186, 198, 199, 207, 344-351, 531 and 601-606 on SP249793 as shown on the survey plan in Schedule 1; and - all Roads. A map of the area is attached to the ILUA extract.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20 February 2013. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/128
Subject Matter:Economic Development | Future Act | Housing, Construction and Infrastructure | Land Management | Land Planning | Land Use | Local Government | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Mer_Reserve_Transfer_ILUA_QI2012_128.aspx
Summary Information:
The Mer Reserve Transfer Indigenous Land Use Agreement (ILUA) is a body corporate agreement between:
- State of Queensland (applicant);
- Torres Strait Island Regional Council; and
- Mer Gedkem Le (Torres Strait Islanders) Corporation.

The purpose of the ILUA is to make provisions for the use and management of the land within the ILUA area.
Detailed Information:
Details of the Agreement

Commencement

Most of the agreement commences on the date of execution. This date is not, however, specified in the ILUA extract. Clause 5 of the agreement, concerning Agreed Acts, commences on the date of registration which is 20 February 2013.

Agreement

The parties to the ILUA agree to the doing of Agreed Acts if they are Future Acts.

If any of the Agreed Acts are invalid Future Acts, but are committed prior to 20 February 2013, the parties agree that those acts are valid.

Furthermore, to the extent that the Agreed Acts are Future Acts, the non-extinguishment principle applies.

Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, does not apply to the doing of Agreed Acts.

'Agreed Acts' are defined as acts done as part of, or in relation to:
- the transfer;
- the grant by the Mer Gedkem Le (Torres Strait Islanders) Corporation of the Torres Strait Island Regional Council infrastructure leases;
- the grant by the Mer Gedkem Le (Torres Strait Islanders) Corporation of the State of Queensland infrastructure lease;
- any amendment agreed by the Mer Gedkem Le (Torres Strait Islanders) Corporation;
- the dedication, use and management of the roads under the Land Act 1994 (Qld);
- access to carry out inspection, maintenance, replacement and repair by the Torres Strait Island Regional Council in respect of infrastructure, including underground infrastructure, which is operated by the Torres Strait Island Regional Council at the execution date. However, this is only where the access constitutes a future act covered by s 24MB(1) of the Native Title Act 1993 (Cth);
- the grant by the Mer Gedkem Le (Torres Strait Islanders) Corporation of the social housing licence;
- the grant by the Mer Gedkem Le (Torres Strait Islanders) Corporation of the Dauar Island infrastructure right to access;
- the grant by the Mer Gedkem Le (Torres Strait Islanders) Corporation of the Torres Strait Island Regional Council infrastructure right to access; and
- all future acts necessary to give effect to the above acts.

Native Title in the ILUA Area

The Meriam people's ownership of Mer, Waier and Dauar Islands was recognised in two native title determinations: the Mabo decision and the Meriam People determination.

Related Entries

Agreement
  • Andrew Passi on behalf of the Meriam People v State of Queensland [2001] FCA 697 (14 June 2001)
  • Organisation
  • State of Queensland - Signatory
  • Torres Strait Island Regional Council - Signatory
  • Mer Gedkem Le (Torres Strait Islanders) Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Case Law
  • Mabo v Queensland [No 2] (1992) 175 CLR 1

  • References

    General Reference
    National Native Title Tribunal (20/02/13) Mer Reserve Transfer ILUA Extract

    Documents

    Document
    Mer Reserve Transfer ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | State Government | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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