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Dauan Health Care Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 March 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 2 of the Agreement, as:

  • Two areas within the coordinates specified in Schedule 2 on Lot 48 on SP270872;
  • Lot 49 on SP270872.
State/Country:Queensland, Australia
The area is within the jurisdiction of the Torres Strait Island Regional Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 6 March 2019. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2018/026
Subject Matter:Compensation | Future Act | Health and Community Services | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/026
Summary Information:

The Dauan Health Care Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth), between :

  • the State of Queensland acting through the Torres and Cape Hospital and Health Service;
  • Charles Bigie on his own behalf and on behalf of the Dauan People;
  • the Dauanalgaw (Torres Strait Islanders) Corporation RNTBC; and
  • the Torres Strait Island Regional Council.
  • The agreement area covers about 783 sq km, consisting of 3 lots on Dauan (Mt Cornwallis Island) in the Torres Strait. 

    The purpose of the agreement is to provide consent for the demolition of the Dauan Primary Health Care Centre and for the construction of new health care facilities.

    The Native Title Representative Body for this area is the Torres Strait Regional Authority.

    Detailed Information:

    Commencement:

    The agreement commences on the date the agreement is executed by the parties, with the exception of clauses 6 and 9.1 which commence on 6 March 2019 (the registration date).

    Termination:

    The Extract does not contain any information regarding the termination of the agreement.

    Native Title Provisions:

    Right to negotiate

    The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the doing of the agreed acts (see below).

    Extinguishment

    The parties agree that the non-extinguishment principle applies - this means that under s 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

    Future act provisions

    This agreement provides consent for the doing of agreed acts, which are the demolition of the Dauan Primary Health Care Centre, the granting of short term and long term leases and the construction of new health care facilities, namely:

    • the new Dauan Primary Health Care Centre and staff accommodation;
    • a temporary Health Clinic;
    • a construction lay down area; and
    • any other new facilities to be constructed on the agreement area under the terms of the leases.

    The agreement also provides consent for the doing of any future acts necessary or incidental to the above.

    Native Title in the Agreement Area:

    The agreement is located within the area of native title recognised by the Federal Court of Australia in the consent determination proceeding Dauan People v State of Queensland [2000] FCA 1064 (FCA File No.: QUD6248/1998; NNTT File No. QCD2000/002).


    Related Entries

    Agreement
  • Dauan People v State of Queensland [2000] FCA 1064 (6 July 2000)
  • Organisation
  • National Native Title Tribunal
  • Dauanalgaw (Torres Strait Islanders) Corporation RNTBC - Signatory
  • Torres Strait Island Regional Council - Signatory
  • State of Queensland represented by the Torres and Cape Hospital and Health Service - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Dauanalgaw (Dauan) People
  • Charles Bigie on his own behalf and on behalf of the Dauan People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2018/026 as at /03/2019 (Dauan Health Care ILUA) - ( PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle

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