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Erub Island Multi Purpose Facility Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 November 2016
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 Part of Lot 4 on TS 156 being shown as Lease A on SP 284231.

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 24 January 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2016/051
Subject Matter:Economic Development | Future Act | Health and Community Services | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/051
Summary Information:

The Erub Island Multi Purpose Facility Indigenous Land Use Agreement (ILUA) was agreed;between the Torres Strait Regional Authority (TRSA) and the Erubam Le Traditional Land and Sea Owners (TSI) Corporation.&

The Agreement Area covers about 0.17 ha on Darnley (Erub) Island in the Torres Strait.

The purpose of the Agreement is to authorise the constructon and lease of a multi purpose facility and any associated activities.

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

Detailed Information:

Background to the Agreement:

The agreement enables the construction and leasing of a multi-purpose facility with offices, a meeting room, a reception, kitchen, toilet, garage and storage in an agreed area in the outer islands of the Torres Strait. The facility will provide a base for the Torres Strait Regional Authority's land and sea rangers and their boats, vehicles and other TSRA assets (Torres Strait Regional Authority, 2018).

This Agreement commences on 4 November 2016, however, clause 5, (concerning the agreed acts), and clause 6, commence upon registration (24 January 2017).

Termination:

The Agreementmay be terminated by writtemna greement of each party.

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.

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

The Extract contains statements referencing 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), so the consequences of these sections are triggered, meaning that the Agreement provides consent for the doing of any acts by non-native title parties and validates previous future acts.

The future acts consented to by the parties include the following:

  • that grants of the facility by the Trustee (the Torres Strait Island Council) and the grant of a sublease within the area for the purposes of the project may occur in the future;
  • that registration of the facility or a sub-lease under the Torres Strait Islander Act (1991) Qld may occur in the future (within the agreement area and for the purposes of the project);
  • to future surveying, geotechnical investigations, the granting of permits (including Development approvals), the construction of the facility, the upgrade, renovation and restoration of the facility, the clearing of land within the agreement area, the use of the facility and to the carrying out of infrastructure work for the purposes of the project
  • Native Title in the Area:

    The Agreement is located within the native title determination area recognised by the Federal Court of Australia (FCA) in the proceeding Mye on Behalf of the Erubam Le v State of Queensland [2004] FCA 1573 (FCA File No.: QUD6036/98; NNTT File No.: QUD6036/1998).


    Related Entries

    Agreement
  • Mye on behalf of the Erubam Le v State of Queensland [2004] FCA 1573
  • Organisation
  • National Native Title Tribunal
  • Torres Strait Regional Authority - Signatory
  • Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Erubam Le People

  • References

    Report
    Torres Strait Regional Authority (2018) Torres Strait Regional Authority Annual Report 2017-2018

    Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/051 as at 24/01/2017 (Erub Island Multi Purpose Facility ILUA) - ( Thumbnail | 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)

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