printable versionPrint this page

Dauan Island Torres Strait Social Housing ILUA

Category: Agreement
Date: 14 September 2017
Sub Category: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 two of the agreement, as lot 701, lot 50, and lot 704.

State/Country:Queensland, Australia
The agreement 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 14 September 2017. This is an authorised body corporate Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2017/006
Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2017/006
Summary Information:

The Dauan Island Torres Strait Social Housing 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 Department of Aboriginal Land and Torres Strait Islander Partnerships, the Dauanalgaw (Torres Strait Islanders) Corporation Registered Native Title Body Corporate ('RNTBC'), and the Torres Strait Island Regional Council.

The agreement area covers about 3,043 sq km, comprising three land parcels on Dauan Island.

The purpose of the agreement is to give consent to the use of the lots for social housing.

The Native Title Representative Body for this area is Dauanalgaw (Torres Strait Islanders) Corporation RNTBC.

Detailed Information:

Agreement area: The agreement area covers about 3043 sq km, comprising three land parcels on Dauan Island. The three parcels are lot 701 (1,036 m sq), lot 50 (482m sq), and lot 704 (1525 m sq). See Schedule Two for coordinates.

Commencement: The agreement operates from the date of execution by the parties, except for clauses 5 and 6 which operate from the date the ILUA was registered with the National Native Title Tribunal (NNTT) on the 14 September 2017.

Native Title Provisions:

Right to negotiate

Right to negotiate provisions contained in Subdivision P of the Native Title Act 1973 (Cth) do not apply to the agreed acts.

Future act provisions

The parties consent to the validation of acts that were done in conflict with native title rights and interests, for the purpose of the project, prior to or on the date that the last parties sign the ILUA.

The parties also consent to the following acts being carried out in the future:

  • the grant or amendment of social housing lease by the trustee, under the Land Title Act 1994 (Qld);
  • the registration or amendment of social housing leases under the Land Title Act 1994 (Qld);
  • activities permitted or contemplated by social housing leases and subleases, including survey activities, geotechnical investigations, the clearing of any land and creation of any interests;
  • the state surrendering any parts of social housing leases to facilitate the grant by the trustee of any subsequent interests that may arise in the agreement area; and
  • the doing of any 'social housing infrastructure works' - that is, anything that supports the social housing works and which is specified in a project note

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia(FCA) proceeding Dauan People v State of Queensland [2000] FCA 1064. (FCA file No.: DG6248/98, 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
  • State of Queensland - Signatory
  • Torres Strait Island Regional Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Title Act 1994 (Qld)
  • People
  • Dauanalgaw (Dauan) People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2017/0006 as at 14/09/2017 Dauan Island Torres Strait Social Housing ILUA - ( Thumbnail | PDF | PDF)

    Glossary

    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) | Aboriginal and Torres Strait Islander (Australia)

    Google
    Top of page

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