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Islanders Board of Industry and Service and Mabuiag People Indigenous Land Use Agreement (ILUA)
|Date:||23 August 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Mabuiag Island, Queensland, Australia|
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|The ILUA area comprises around 693 square metres on the eastern side of Mabuiag Island in the state of Queensland. The area falls within the jurisdiction of the Torres Strait Island Regional Council. It is situated within the Determination Area of native title made in proceeding 6062 of 1998 in the Federal Court of Australia.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 August 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2010/012|
|Subject Matter:||Land Use|
|The Islanders Board of Industry and Service & Mabuiag People Indigenous Land Use Agreement (ILUA) was agreed between the Islanders Board of Industry and Service (IBIS), the Torres Strait Island Regional Council and the Goemulgaw (Torres Strait Islander) Corporation. The purpose of this ILUA is to provide consent for certain agreed acts in connection to the grant of a lease to IBIS.|
|Pursuant to this ILUA, the parties agree to the doing of all acts necessary to implement an Agreement to Grant Lease, and to obtain approval for the grant of a Trustee Lease to IBIS by the Council. They also agree to the obtaining of the Minister's consent to the grant of a Trustee Lease if required, and to the doing of all acts necessary to carry out works on the ILUA area and operate a business in keeping with the Trustee Lease. |
Right to negotiate provisions
The parties also agree that the right to negotiate provisions in Subdivision P, Part 2, Division 3 of the Native Title Act 1993 (Cth) do not apply to the doing of the agreed acts where the Goemulgaw Corporation has given consent on behalf of the Mabuiag People.
The parties also agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) applies to all future acts to which the Mabuiag People have given consent.
Native title in the ILUA area
In 2005, the Mabuiag People were recognised as having exclusive native title rights over the ILUA area in proceeding 6062 of 1998 as part of a consent determination by the Federal Court of Australia. The consent determination followed two years of mediation between native title claimant groups, the State of Queensland and other interested parties. The Goemulgaw (Torres Strait Islander) Corporation is the registered native title body corporate that holds on trust the Mabuiag People's rights and interests in the ILUA area.
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