Warraber / Telstra Island Indigenous Land Use Agreement (ILUA)
|Date: ||30 July 2002|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Warraber Island, Torres Strait|
|The ILUA covers Warraber Island in the Torres Strait. It is defined in the extract from the Register of ILUAs as 'all land and waters on Warraber Island, to the high water mark as defined in the Land Act 1994 (Qld).' The island is within the Torres Shire Council local government area and the Torres Strait Regional Authority ATSIC region.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No: QI01/12|
|Subject Matter:||Housing, Construction and Infrastructure | Cultural Heritage | Native Title | Recognition of Native Title or Traditional Ownership | Future Act | Native Title | Land Use|
|Summary Information: |
|The Warraber / Telstra Island Indigenous Land Use Agreement (the ILUA) deals with the interests of Telstra Corporation and the Australian Maritime Safety Authority (AMSA) on Warraber Island. The Federal Court found that native title exists on the island, in its determination made on 7 July 2000. The extract of this ILUA from the Register of ILUAs explains that the agreement 'provides a mechanism for Telstra and AMSA to conduct their operations […] whilst ensuring that Telstra and AMSA pay proper respect to the native title of the Native Title Holders.'|
The native title holders, the Warraber People, have agreed that Telstra can conduct work on existing Telstra sites on the island, without notifying them. However, the ILUA states that '[t]his is not intended to affect Telstra's obligation to notify the Native Title Holders of its intention to the land or waters adjacent to any Existing Site if required to do so by Law.' The Warraber People also consent to the grant of 'any Occupancy Agreement' to Telstra for the existing sites and for a proposed 'Future Telecommunication Facility.' This is to enable Telstra to comply with its obligation to make the standard telephone service 'reasonably accessible to all people in Australian on an equitable basis.' The Warraber People's consent to these activities also applies to these activities when they are 'of benefit to the Torres Strait Island community.'
The Warraber also provide their consent through the ILUA for the AMSA to carry out their usual course of work on the AMSA 'Mast Site' on the island.
The full terms and conditions of the agreement are specified in a deed attached to the ILUA. The effect of the conditions is to 'minimise any disruption to the native title of the Warraber People through the work of Telstra and AMSA on the island.'