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Telstra Yam Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 June 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Torres Strait, Queensland, Australia
The ILUA is located at Yam Island, in the Torres Strait. This area is governed by the Iama Island Council and the Torres Strait Regional Authority. The ILUA area covers all the land and waters on Yam Island up to the high water mark.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: QI2004/06
Alternative Names:
  • Telstra Yam Agreement
  • Summary Information:
    The Telstra Yam Indigenous Land Use Agreement (ILUA) was signed to ensure the provision of telecommunication services in the Iama and Tudulaig native title determination area. The ILUA provides for certain future acts to ensure that telecommunications infrastructure can be maintained and improved in the future.

    The agreement is made between electricity providers Telstra Corporation Limited and Ned David, Charles David, Silen David, Philomena David, Patrick Thaiday and Cyril Stephen and the Iama and Tudulaig native title holders' native title body corporate (NTBC) Magani Lagaugal (Torres Strait Islanders) Corporation. A determination that native title exists in the area of the Yam Islanders/Tudulaig People native title claim (National Native Title Tribunal file no.:QC02/15) was made in May 2005.

    The Telstra Yam ILUA is one of five ILUAs signed to allow for the continued provision of telecommunication services in areas of the Torres Strait where native title has been recognised.
    Detailed Information:
    Under this 35 year agreement, the parties agree to the doing of certain 'future acts'. These include:
    - the grant of a lease by the Iama Island Council to Telstra in respect of certain sites, including the renewal of that lease;
    - Telstra undertaking activities or constructing facilities in the future on existing sites in the usual course of business;
    - the construction of a future telecommunications facility; and
    - the grant of an Occupancy Agreement in connection with future constructions, including its renewal.

    Where Telstra proposes construction of a future telecommunications facility or an Occupancy Agreement, certain notification and consultation procedures must be followed. Additionally, Telstra must be subject to a universal service obligation with respect to the Torres Strait or be acting for the benefit of the Torres Strait Islander Community.

    Without this agreement, the actions of Telstra would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the act in order to be valid.

    Related Entries

    Agreement
  • Yam Island - Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Yam Islanders / Tudulaig People Indigenous Land Use Agreement (ILUA)
  • David on behalf of the Iama People and Tudulaig v State of Queensland [2004] FCA 1576
  • Telstra Darnley Indigenous Land Use Agreement (ILUA)
  • Telstra Stephen Indigenous Land Use Agreement (ILUA)
  • Telstra Boigu Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Iama Island Council
  • Torres Strait Regional Authority
  • Magani Lagaugal (Torres Strait Islanders) Corporation - Signatory
  • Telstra Corporation Limited - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Mr Lui David and others
  • Cyril Stephen - Signatory
  • Patrick Thaiday - Signatory
  • Philomena David - Signatory
  • Silen David - Signatory
  • Charles David - Signatory
  • Ned David - Signatory
  • Iama People

  • References

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

    Documents

    Map
    Telstra Yam Indigenous Land Use Agreement Map - ( Image | PDF | Thumbnail)

    Glossary

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

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