Dauan Island Indigenous Land Use Agreement (ILUA) (No. 2 Body Corporate Agreement)
|Date: ||13 May 2004|
|Date To: ||This agreement has now expired.|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Dauan Island, Torres Strait|
|The area covered by this Indigenous Land Use Agreement (ILUA) comprised approximately 4.02 square kilometres of land on Dauan Island in the Torres Strait, approximately 10 kilometres south of Papua New Guinea. The ILUA area fell within the Dauanalgaw Native Title Determination, which was made in the proceeding Dauan People v State of Queensland  FCA 1064. |
|Legal Status: ||Removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements on 6 May 2010. |
|Legal Reference: ||National Native Title Tribunal File No. QI2003/038|
|Subject Matter:||Defence | Housing, Construction and Infrastructure | Land Use | Native Title|
|Summary Information: |
|The Dauan Island Indigenous Land Use Agreement (ILUA) was agreed between the Commonwealth (represented by the Australian Customs Service and the Department of Defence), the Dauan Island native title holders and the Dauan Island Council. The purpose of this ILUA was to allow the Commonwealth to construct, maintain and operate a High Frequency Surface Wave Radar (HFSWR) and a monostatic test transmitter capability for customs and defence-related purposes on Dauan Island in the Torres Strait.|
|Detailed Information: |
|Contents of this ILUA|
Pursuant to this agreement, the Council was to grant a Deed of Grant in Trust (DOGIT) lease to the Commonwealth, although approval for the grant of the lease also had to be obtained from the State of Queensland. The State of Queensland was not a party to this ILUA. However, under this agreement, the parties consented to 'all acts, matters and things reasonably necessary' for the lease to be granted - including the approval of the grant by the State of Queensland and the acquisition of the lease by the Commonwealth under the Lands Acquisition Act 1989 (Cth). At the time, the Commonwealth intended to apply for the grant of a 10-year lease.
The parties to this ILUA agreed to the construction, operation and maintenance of the receiver site for the HFSWR and the monostatic test transmitter capability on the area of the lease. This included:
the construction of related facilities;
other activities related to the project, including 'access by sea or air' and the 'use of helicopter landing areas, access roads and other facilities'; and
'the doing of all other acts, matters or things reasonably necessary' for the grant of the lease and the conduct of the project.
The ILUA specified that the right to negotiate provisions of the Native Title Act 1993 (Cth) did not apply here.
Removal from the Register
This ILUA has now been removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements. It was removed under s 199C(1)(c)(i) of the Native Title Act 1993, which allows the removal of an ILUA from the Register if a party advises the Registrar in writing that the agreement has expired, and the Registrar believes, on reasonable grounds, that it has expired.