Back to search results

printable versionPrint this page

Iama (Yam Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 2 January 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Yam Island

State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Torres Strait Regional Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 29 May 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2018/004
Subject Matter:Future Act | Housing, Construction and Infrastructure | Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/004
Summary Information:

The Iama (Yam 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 and Torres Strait Islander Partnerships;
  • the Magani Lagaugal (Torres Strait Islanders) Corporation Registered Native Title Body Corporate ('RNTBC'); and
  • the Torres Strait Regional Council.

The agreement area covers about 4,960 sq km, consisting of three land areas on Yam Island in the Torres Strait.

The purpose of the agreement is to provide the native title holders' consent for a social housing project on the agreement area.

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

Detailed Information:

Agreement area:

The agreement area covers about 4,960 sq km, consisting of three land areas on Yam Island in the Torres Strait.

The extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per schedule 1 and 2 of the agreement (see the attached documents below).

Commencement:

The agreement commenced on the date that it was signed by the last of the parties, that being 22 January 2018. It has effect as an ILUA from the date of registration.

Termination:

The agreement may be ended by the written agreement of 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 acts agreed to under this ILUA.

Extinguishment

No acts done by non-native title parties under this agreement will extinguish native title rights and interests.

Future act provisions

Where the State of Queensland has given a Project Notice to the Magani Lagaugal (Torres Strait Islanders) Corporation RNTBC, the parties consent to the following agreed acts:

  • the Torres Strait Regional Council, as trustee, granting any social housing lease for the purpose of social housing under the Torres Strait Islander Land Act 1991 (Qld);
  • the registration of any social housing lease under the Land Title Act 1994 (Qld), the Land Act 1994 (Qld) or the Torres Strait Islander Land Act 1991 (Qld);
  • any activities contemplated or required by any social housing lease, including surveys, land clearing, the grant of any permits, the construction and renovation of any social houses, and the grant of any interests (other than freehold title or the renewal or extension of a lease) for the purpose of social housing;
  • the State surrendering any part of any social housing lease so that the
    Torres Strait Regional Council may grant any subsequent interest in the land for any other purpose except for purposes of the social housing project; and
  • the doing of any social housing infrastructure works.

Native Title in the Agreement Area:

The agreement is within the area of native title recognised in the determination David on behalf of the Iama People and Tudulaig v State of Queensland  (Yam Islanders/Tudulaig People) (FCA file no.: QUD6052/1998; NNTT file no.: QCD2004/009)


Related Entries

Agreement
  • David on behalf of the Iama People and Tudulaig v State of Queensland [2004] FCA 1576
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Magani Lagaugal (Torres Strait Islanders) Corporation - Signatory
  • Torres Strait Island Regional Council - Signatory
  • Department of Aboriginal and Torres Strait Islander Partnerships (QLD)
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Act 1994 (Qld) - Previous
  • People
  • Iama People
  • Tudulaig People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous land Use Agreements for QI2018/004 as at 17/06/2020 (Iama (Yam 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