printable versionPrint this page

Warraber (Sue Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 August 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located on Sue Island, Torres Strait , Queensland, Australia
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20 August 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2015/013
Subject Matter:Health and Community Services | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/013
Summary Information:
The Warraber (Sue Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- State of Queensland acting through the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (State);

- Warraberalgal (Torres Strait Islanders) Corporation (Corporation); and

- Torres Strait Island Regional Council (Trustee).

The Agreement provides consent for the grant of a Social Housing Lease and the construction, renovation or repair of any Social House within the Agreement Area.
Detailed Information:
Commencement

The Agreement was registered with the Register of Indigenous Land Use Agreements on 20 August 2015.

The Extract does not specify a start or end date for the Agreement.

The Extract does, however, state that the Agreement commences on the Execution Date. The Execution Date is defined as the day on which the Agreement is executed by the parties and, where executed on different days, the latter of those days.

Clauses 5 and 6 commence operation on Registration, being 20 August 2015.

The Agreement may be terminated by written agreement by each party.

Native Title Provisions

Conditional upon the State or Queensland or the Torres Strait Island Regional Council give Project Notice to the Warraberalgal (Torres Strait Islander) Corporation, the parties:

1. consent to the doing of Agreed Acts insofar as they are Future Acts; and

2. agree to validate any Agreed Acts done in the Agreement Area after the Execution Date and prior to Registration on 20 August 2015.

Right to Negotiate

Part 2, Division 3, Subdivision P of the Native Title Act is not intended to apply to the Agreed Acts.

Agreed Acts

The Agreed Acts consented to by the parties include:

- the grant by the Torres Strait Island Regional Council of any Social Housing Lease or amended lease or sublease within the Agreement Area;
- the registration of any Social Housing Lease or amended Social Housing Lease under the Land Title Act 1994 (Qld), the Land Act 1994 (Qld) or the Torres Strait Land Act within the Agreement Area and for purposes of the Project;
- the doing of any Activity permitted or contemplated by any Social Housing Lease or any amended Social Housing Lease or any sublease of a Social Housing Lease, including any survey activities, geotechnical investigations, the grant of any permits or authorities, the construction of any Social Houses, the upgrade, renovation and restoration of any Social Houses, the clearing of any land, the use of any Social Houses and land and the creation of any interests (other than a grant of Freehold Title or the renewal or extension of a lease) within the Agreement Area and for the purposes of the Project;
- the surrender by the State of any part of any Social Housing Lease in the Agreement Area , to facilitate the grant by the Trustee of any subsequent interest in the land (but not the grant of the subsequent interest itself) or for any other purpose except for purposes of the Project;
- the doing of any Social Housing Infrastructure Works within the Agreement Area and for the purposes of the Project.

Project

The Project is defined as the grant of a Social Housing Lease and the construction, renovation or repair of any Social House in accordance with the terms of the Social Housing Lease and the doing of any Social Housing Infrastructure Works for the purpose of servicing Social Houses within the Agreement Area.

Project Notice

The Project Notice is defined as a Notice provided to the Warraberalgal (Torres Strait Islanders) Corporation that:

a. is substantially in the form of the template in Schedule 11 (not attached); and
b. is completed with necessary information required as per Schedule 11 (not attached.)

Social House

A Social House is any dwelling subject to the Social Housing Lease, including any dwelling house upgraded, renovated, restored or constructed pursuant to the Social Housing Lease.

Social Housing Infrastructure Works

Infrastructure Works includes anything which permits / requires or consists of:

"the construction, operation, use, maintenance or repair of any road, footpath, lighting of streets, water supply, sewerage reticulation, electricity supply, domestic gas supply, communications facility or any other thing that is similar to any of the things in that list, within the Agreement Area and which are accurately specified with particularity in a Project Notice."

Social Housing Lease

Social Housing Lease is defined as any lease over all or a part of the Agreement Area under the Torres Strait Islander Land Act, which lease will be in substantially the same terms as the lease in Schedule 4 (not attached.)

Native Title in the ILUA Area

The Native Holders of the Agreement Area are the Warraber People. The Warraber people's ownership over the land was recognised in a Federal Court decision in July 2000; having arisen from a native title claim filed in 1996. The decision recognised the Warraber people's native title non-exclusive right to possess, use and occupy the land. In addition to this determination, the Warraberalgal (Torres Strait Islanders) Corporation also administers two Indigenous Land Use Agreements made between the Warraber people and Ergon Energy and Telstra respectively.

Related Entries

Agreement
  • Poruma People v State of Queensland [2000] FCA 1066 (7 July 2000) AND Warraber People v State of Queensland
  • Warraber / Telstra Island Indigenous Land Use Agreement (ILUA)
  • Thaiday and Ors on behalf of the Warraber, Poruma and Iama Peoples v State of Queensland and Ors [2005] FCA 1116 (15 August 2005)
  • Warraber Island Primary Health Care Centre Indigenous Land Use Agreement (ILUA)
  • IBIS - Warraber Indigenous Land Use Agreement (ILUA)
  • Mer Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
  • Poruma (Coconut Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
  • Warraber (No 2) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Torres Strait Island Regional Council - Signatory
  • Warraberalgal (Torres Strait Islanders) Corporation - Signatory
  • State of Queensland - Signatory
  • Warraber Island Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Torres Strait Islander Land Act 1991 (Qld)
  • People
  • Patrick Thaiday, Jack Billy and Jenson Pearson on behalf of the Warraber, Poruma and Iama Peoples
  • Warraber People

  • Documents

    Map
    Warraber (Sue Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) Map Schedule 1 - ( PDF)
    Warraber (Sue Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Warraber (Sue Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) Written Description Schedule 2 - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Lease | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | State Government | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Local Government

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey