Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 September 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Located in the vicinity of Saibai
State/Country:Queensland, Australia
The agreement covers about 608 sq m in the vicinity of Saibai.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 September 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2015/041
Subject Matter:Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/041
Summary Information:
Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- State of Queensland Health Service Chief Executive, Torres Strait Hospital and Health Service (applicant); and

- Saibai Mura Buway (Torres Strait Islanders) Corporation RNTBC.

The purpose of this Agreement is to provide consent for the construction, operation, use, and maintenance of staff accommodation and infrastructure.
Detailed Information:
Commencement

The agreement is to commence on the Execution Date, specified by the extract as 14 July 2015.

Clauses 5 (Registration of Agreement), 6 (Consent to Acts, apart from clause 6.5, which commences on the Execution Date) and 10 (Compensation) commence on the Registration Date, being 28 September 2015.

The Agreement may be terminated by the written agreement of each party. However if the Agreement terminates, clause 6 (Consent to Acts), 10 (Compensation) and 11 (Release and Waiver) of the Agreement will continue to apply.

Native Title Provisions

The Right to Negotiate

The Agreement states that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to the "Agreed Acts" under the Agreement.

The "Agreed Acts"

Under the Agreement, the parties consent to the doing of the "Agreed Acts".

"Agreed Acts" refers to any act done in the Agreement Area done as part of, or in relation to:
(a) the grant of Lease W;
(b) Construction Acts; and
(c) operation, use, maintenance, repair or replacement of the staff accommodation and infrastructure.

"Construction Acts" allowed within the Agreement means any act done as part of, or in relation to, the construction of the staff accommodation and infrastructure. This may include survey activities; geotechnical investigations and the grant of licenses, permits or authorities.

"Lease W" refers to the trustee lease between the Torres StraitIslander Regional council and the State, which is a 30 year lease over the Lease W Area.

"Staff Accommodation" means new residences for government employee housing which will be constructed under the Agreement within the Lease W area.

Native Title in the Agreement Area

The Agreement Area falls within the Saibai People native title claim area (Federal Court File Number: QUD6017/1998; Tribunal File Number: QCD1999/001).

In Saibai People v State of Queensland [1999] FCA 158 (12 February 1999) the Federal Court of Australia determined that non-exclusive native title rights and interests which exist in relation to the Determination Area are held by the Saibai People.

Related Entries

Agreement
  • Telstra and Saibai Island Indigenous Land Use Agreement (ILUA)
  • Saibai Island Health Indigenous Land Use Agreement (ILUA)
  • Saibai Island (Torres Strait) Social Housing Indigenous Land Use Agreement (ILUA)
  • Saibai Island Flood Works Indigenous Land Use Agreement (ILUA)
  • Saibai People v State of Queensland [1999] FCA 158 (12 February 1999)
  • Organisation
  • State of Queensland
  • Saibai Mura Buway (Torres Strait Islanders) Corporation
  • Torres and Cape Hospital and Health Service
  • People
  • Saibai People

  • Documents

    Map
    Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA) - Maps of Agreement Area - ( PDF)
    Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA) - ( PDF)
    Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA) - Written Description of Agreement Area - ( PDF)

    Glossary

    Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Legislation | Future Act (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)