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Saibai Infrastructure and Housing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 September 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Saibai Island, Torres Strait.

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 24 December 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2018/022.
Subject Matter:Future Act | Housing, Construction and Infrastructure | Land Transaction | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/022
Summary Information:

The Saibai Infrastructure and Housing Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • State of Queensland, acting through any Department of the Queensland Government;
  • Saibai Mura Buway (Torres Strait Islanders) Corporation Registered Native Title Body Corporate ('RNTBC'), ICN 2993;
  • Torres Strait Island Regional Council; and
  • Torres Strait Regional Authority.

The agreement area covers the land and waters of Saibai Island, landward of the high water mark where native title was determined to exist. Saibai Island is located in the Torres Strait in the vicinity of Papua New Guinea and covers about 102 sq km.

The purpose of the agreement is to consent to the doing of certain acts associated with housing and infrastructure construction and maintenance.

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

Detailed Information:

Agreement area:

The agreement area covers about 102 sq km, including all the land and waters of Saibai Island, in the Torres Strait, landward of the high water mark. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 2 of the agreement, as all land and inland waters of Saibai Island on the landward side of the high water mark, covered by the determination area where native title was determined to exist (see NNTT file no.: QCD1999/001). For a full description of the lots not covered by this agreement see schedule 2 attached below under documents. For a visual depiction of the area see the map attached under schedule 3 below.

Commencement:

The agreement comes into operation from the date it was signed by all parties, on the 3 September 2018. It has effect as an ILUA, as in relation to the agreed acts, from the date it was registered on 24 December 2018.

Termination:

This agreement will continue on an indefinite basis unless terminated by a written agreement for termination, signed by the parties.

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 acts covered by this agreement.

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions

The parties agree to the doing of the following acts by non-native title parties:

  • any acts done under the Commonwealth program 'Major Infrastructure Program', which involve the construction, operation, use, maintenance or repair of infrastructure on the agreement area;
  • any other acts done for the construction, operation, use, maintenance or repair of infrastructure on the agreement area;
  • the grant of one or more leases for a term of more than 30 years, but not more than 99 years, for private residential purposes ('Home Ownership Future Acts');
  • the maintenance, repair, renovations, refurbishment or extension of either private dwellings or social housing in the agreement area ('Renovation Acts');
  • the construction, operation, use, maintenance or repair of infrastructure undertaken in connection with a proposed transfer of land to the Saibai Mura Buway (Torres Strait Islanders) Corporation, to ensure that the corporation can provide local government services; and
  • any of the acts set out above that were done prior to registration on 24 December 2018.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Saibai People v State of Queensland [1999] FCA 158. (FCA File No.: QUD6017/1998, NNTT File No.: QCD1999/001).


Related Entries

Agreement
  • Saibai People v State of Queensland [1999] FCA 158 (12 February 1999)
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Saibai Mura Buway (Torres Strait Islanders) Corporation - Signatory
  • Torres Strait Island Regional Council - Signatory
  • Torres Strait Regional Authority - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2018/022 as at 24 December 2018 (Saibai Infrastructure and 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 | Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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