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Badu Island Supermarket and Cafe/Storage Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 October 2017
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 1 of the Agreement, as Lot 142 on SP253545 and Lot 141 on SP274784.

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 20 October 2017. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2017/008
Subject Matter:Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2017/008
Summary Information:

The Badu Island Supermarket and Cafe/Storage Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Wakaid Coral Sea Co Pty Ltd and the Mura Badulgal (Torres Strait Islanders) Corporation RNTBC (Registered Native Title Body Corporate).

The agreement area covers about 3000 sq metres in total, over two land parcels on Badu Island in the Torres Strait.

The purpose of the ILUA is for the Mura Badulgal (Torres Strait Islanders) Corporation RNTBC to provide consent for the granting of leases and the use of the land for retail/commercial purposes.

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

Detailed Information:

Commencement:

Subject to clause 3.2, this agreement commences on the Execution Date, with the exception of clauses 5 and 6 which commence on 20 October 2017 (the date of registration).

Termination:

The agreement can be terminated by a written agreement executed 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 any of the agreed future acts (see below).

Extinguishment

The parties acknowledge that the non-extinguishment principle, as defined in the Native Title Act 1993 (Cth), applies to all agreed future acts.

Future act provisions

This agreement provides the Mura Badulgal(Torres Strait Islanders) Corporation RNTBC's consent to the grant, execution and registration of leases to Island and Cape Retail, as well as all acts necessary (including subleasing) for Island and Cape Retail Enterprises to use the agreement area for retail/commercial purposes and any related or ancillary purposes provided the terms of any sublease are consistent with the terms of the ILUA.

Native Title in the Agreement Area:

The agreement is located within the area of native title recognised by the Federal Court of Australia (FCA) in the consent determination proceeding Nona on behalf of the Badulgal v State of Queensland, QUD6078/1998. (FCA File No.: QUD6078/1998; NNTT File No.: QCD2004/010).


Related Entries

Agreement
  • Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578
  • Organisation
  • National Native Title Tribunal
  • Mura Badulgal (Torres Strait Islanders) Corporation - Signatory
  • Wakaid Coral Sea Co Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Badulgal People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2017/008 as at 20/10/2017 (Badu Island Supermarket and Cafe/Storage). - ( 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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