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Warraber (Sue Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 January 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Torres Strait

State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Torres Strait Island Regional Authority.
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.: QI2018/006.
Subject Matter:Future Act | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/006
Summary Information:

The Warraber (Sue 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 Torres Starit Island Regional Council; and
  • the Warraberalgal (Torres Strait Islanders) Corporation Registered Native Title Body Corporate ('RNTBC').

The agreement area covers about 1,001 sq km on Warraber (Sue Island) in the Torres Strait.

The purpose of the agreement is to provide the Warraber peoples' consent for a social housing project.

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

Detailed Information:

Agreement area:

The agreement area covers about 1,001 sq km on Warraber (Sue Island) in the Torres Strait.

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per schedule 2 of the agreement, as the proposed Lot 125 (bounded by the given coordinates). For more information, see the documents attached below.

Commencement:

The agreement commenced on 22 January 2018, that being the date that it was signed by the last of the parties. It has effect as an ILUA from the date that it was entered onto the Register of Indigenous Land Use Agreements, 29 May 2018.

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) apply to the acts authorised under this agreement.

Extinguishment

Any act done by non-native title parties under this agreement will not extinguish native title rights and interests.

Future act provisions

Where the State of Queensland has given a Project Notice to the Warraberalgal (Torres Strait Islanders) Corporation RNTBC, the parties consent to:

  • the Torres Strait Regional Council (as Trustee) granting any social housing lease for the purpose of the social housing project;
  • the registration of any social housing lease under the Land Act 1994 (Qld), the Land Title Act 1994 (Qld) or the Torres Strait Island Land Act 1991 (Qld);
  • the doing of any activity contemplated by any social housing lease, including any surveys, grants of any authorities, construction or renovation of social houses, the clearing of land, the use of any social houses and land, and the creation of any interests (except for freehold title or the renewal/extension of a lease);
  • the State of Queensland surrendering any part of any social housing lease to facilitate the Regional Council granting any interest in the land subsequent to any social housing lease for any other purpose except social housing; and
  • the doing of any social housing infrastructure works.

Native Title in the Agreement Area:

The ILUA is within the area of native title recognised in the Federal Court of Australia proceeding Warraber People v State of Queensland [2000] FCA 1066 (FCA file no.: QUD6073/1998; NNTT file no.: QCD2000/004).


Related Entries

Agreement
  • Poruma People v State of Queensland [2000] FCA 1066 (7 July 2000) AND Warraber People v State of Queensland
  • Organisation
  • National Native Title Tribunal
  • Department of Aboriginal and Torres Strait Islander Partnerships (QLD)
  • State of Queensland - Signatory
  • Warraberalgal (Torres Strait Islanders) Corporation - 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)
  • Torres Strait Islander Land Act 1991 (Qld)
  • Land Act 1994 (Qld)
  • Land Title Act 1994 (Qld)
  • People
  • Warraber People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2018/006 as at 17 June 2020 (Warraber (Sue Island) Torres Strait 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)

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