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Islanders Board of Industry and Services and Ugar People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 2 August 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Stephens Island, Queensland, Australia
The area covered by this ILUA comprises around 927 square metres on Ugar (Stephens Island) in the Torres Strait. The ILUA area is located in the state of Queensland, and falls within the jurisdiction of the Torres Strait Island Regional Council. It also falls within the Determination Area of native title made by the Federal Court of Australia in the proceeding QUD 6076 of 1998.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 August 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/013
Subject Matter:Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.013/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the Islanders Board of Industry and Service (IBIS), the Torres Strait Island Regional Council and the Ugar Kem Le Ged Zeuber Er Kep Le (Torres Strait Islander) Corporation. The purpose of this ILUA is to to provide consent for certain agreed acts in connection to the grant of a lease to IBIS.
Detailed Information:
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 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 to which the Ugar People have given consent.

Non-extinguishment principle

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 Ugar People have given consent.

Background on native title in the ILUA area

In a consent determination by the Federal Court of Australia on 24 May 2005, the Ugar People were recognised as having exclusive native title rights over the land making up Stephens Island. They were also recognised as having non-exclusive native title rights to water that enabled them to engage in hunting, fishing and gathering activities, and also to use the water for communal, non-commercial purposes.

The Ugar Kem Le Ged Zeuber Er Kep Le (Torres Strait Islanders) Corporation is charged with administering the native title rights and interests of the Ugar People with respect to Stephens Island, which includes the ILUA area.

Related Entries

Agreement
  • Stephen on behalf of the Ugar People v State of Queensland [2004] FCA 157
  • Organisation
  • Islanders Board of Industry and Service - Signatory
  • Torres Strait Island Regional Council - Signatory
  • Ugar Kem Le Ged Zeuber Er Kep Le (Torres Strait Islanders) Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Ugar People

  • References

    General Reference
    National Native Title Tribunal (2 August 2010) Extract from the Register of Indigenous Land Use Agreements - Islanders Board of Industry and Service and Ugar People ILUA
    Case Law
    Federal Court of Australia (2004) Stephen on behalf of the Ugar People v State of Queensland [2004] FCA 1574 (9 December 2004)
    Media Release
    National Native Title Tribunal (2004) Torres Strait Islanders' Native Title Recognised through Agreements
    Resource
    National Native Title Tribunal (2004) Native Title Determination Summary: Ugar (Stephens Islanders) #1
    Australian Institute of Aboriginal and Torres Strait Islander Studies (22 July 2008) Prescribed Bodies Corporate Profile: Ugar Kem Le Ged Zeuber Er Kep Le (Torres Strait Islanders) Corporation

    Documents

    Map
    Islanders Board of Industry & Service & Ugar People Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | Native Title (Australia) | Non-Extinguishment Principle | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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