Back to search results

printable versionPrint this page

Saibai Island Health Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 31 January 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Saibai Island in the Torres Strait
State/Country:Queensland, Australia
The area subject to the agreement covers approximately 0.3 hectares on lease and adjacent areas for the construction of associated infrastructure, located in the north western corner of Saibai Island in the Torres Strait. The agreement falls within the Local Government Authority of Torres Strait Island Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29/06/2012. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/040
Subject Matter:Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Saibai_Island_Health_ILUA_QI2012_040.aspx
Summary Information:
The Saibai Island Health Indigenous Land Use Agreement (ILUA) is an agreement between:

- the State of Queensland, and;
- Keri Akiba on his own behalf and on behalf of the Saibai People;
- Saibai Mura Buway (Torres Strait Islanders) Corporation, and;
- Torres Strait Island Regional Council.

The agreement was made on 31/01/2012.

The purpose of this agreement is for the parties to provide their consent to the validation of Future Acts done by the State prior to the execution date, that were done invalidly for the purposes of Native Title. The parties also agree to the validation of Agreed Acts done after the execution date and before the registration date.
Detailed Information:
Details of the Agreement

Commencement

Most of the ILUA's Clauses commence on the registration date, 29 June 2012.

Clause 6.6 commences at the date of execution, 31 January 2012.

Native Title parties consent

The parties to this agreement consent to the validation of Future Acts by the State prior to the execution date, where those Acts where done invalidly for the purposes of native title. The parties also agree to the validation of Agreed Acts done after the execution date and before the registration date.

Definition of Agreed Acts

Agreed Acts are any acts done as part of, or in relation to the:
(a) Construction Acts;
(b) operation and maintenance of the Infrastructure established in the Lease Areas;
(c) occupation, use and control of the Lease Areas by the State for the purpose of operating
and maintaining the Primary Health Care Centre, the Temporary Primary Health Care Centre,
the Staff Accommodation and the Infrastructure during the term of the Leases;
(d) grant of the Leases;
(e) Grantee becoming the lessor of the Leases in accordance with the TSILA [Torres Strait
Islander Act 1991 (Qld).

'Construction Acts' means any act done in the Agreement Area as part of, or in relation to, the
construction of the Primary Health Care Centre, the Staff Accommodation and the Temporary Primary Health Care Centre.

Native Title in the ILUA Area
The Saibai People had their native title rights recognised over this area in 1999 in Saibai People v Queensand [1999] FCA 158.

Related Entries

Agreement
  • Saibai People v State of Queensland [1999] FCA 158 (12 February 1999)
  • Nona and Ors on behalf of the Saibai, Dauan, Mabuiag, Badu and Boigu Peoples v State of Queensland [2005] FCA 1118 (15 August 2005)
  • Telstra and Saibai Island Indigenous Land Use Agreement (ILUA)
  • Saibai Island Flood Works Indigenous Land Use Agreement (ILUA)
  • Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Torres Strait Island Regional Council
  • Saibai Mura Buway (Torres Strait Islanders) Corporation
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Saibai People

  • References

    Case Law
    Commonwealth of Australia (1999) Saibai People v State of Queensland [1999] FCA 158 (12 February 1999)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey