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Telstra and Moa Island Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 January 2002
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Torres Strait, Queensland, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as 'the land and inland waters of Moa Island, landward of the high water mark (as defined in the Land Act 1994 (Qld)).' The ILUA covers an area of 170.893 sq km and lies 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: QI01/5
Subject Matter:Housing, Construction and Infrastructure | Native Title | Future Act | Land Use
Summary Information:
The Telstra and Moa Island Indigenous Land Use Agreement (the ILUA) deals with the interests of Telstra Corporation on Moa Island in the Torres Strait.

The native title holders 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 enter the land or waters adjacent to any Existing Site if required to do so by Law.' Consent is also given for the grant or regrant of 'any Occupancy Agreement' to Telstra for the existing sites or for proposed '[c]onstruction of a Future Telecommunication Facility.'

The ILUA also specifies that in relation to the existing site at Banks Peak, an occupancy agreement is to be sought under the terms of a separate agreement, the 'Determination Deed' made between Telstra and the native title holders on 3 February 1999.

Under the ILUA the native title holders specify that they will not dispute the validity of future acts authorised by this ILUA that were undertaken prior to the registration of the agreement as an ILUA.

Related Entries

Agreement
  • Mualgal People v State of Queensland [1999] FCA 157 (12 February 1999) - Requirement
  • Organisation
  • National Native Title Tribunal
  • Telstra Corporation Limited - Signatory
  • Torres Shire Council
  • Mualgal (Torres Strait Islanders) Corporation - Signatory
  • Torres Strait Regional Authority
  • Aboriginal and Torres Strait Islander Commission (ATSIC)
  • 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)
  • People
  • Mualgal People

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Telstra and Moa Island Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

    Native Title (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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