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Badu Child Care Centre Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 April 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located on Badu Island, Torres Strait, Queensland, Australia
The Agreement Area covers 4227 sq metres in the town of Badu on Badu Island in the Torres Strait in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 April 2013.
Legal Reference: National Native Title Tribunal File No.: QI2013/010
Subject Matter:Economic Development | Local Government
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Badu_Child_Care_Centre_ILUA_QI2013_010.aspx
Summary Information:
The Badu Child Care Centre Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- the Torres Strait Island Regional Council; and

- the Mura Badulgal (Torres Strait Islander) Corporation.

The purpose of the ILUA is to authorise the Torres Strait Island Regional Council (TSIRC) to operate the new Childcare Centre according to terms and conditions stipulated by Native Title holders and parties.
Detailed Information:
Details of the Agreement

Commencement

The Extract identifies the start date of the Agreement as 11 February 2013. The Agreement was registered with the National Native Title Tribunal on 23 April 2013.

Whilst the Extract does not stipulate a specific end date for the ILUA, it does note at Clause 4.6 that the Agreement will run for a period of 30 years which commences on the execution date, 11 February 2013.

Agreement

The Agreement operates to provide the parties' consent to specified 'Agreed Acts'. These 'Agreed Acts' are outlined in the Extract as follows:

a) The construction, operation, use and maintenance of the new Childcare Centre in the ILUA Area;

b) The grant of a leasehold interest for a term not exceeding 30 years under the Torres Strait
Islander Land Act
1991 (Qld) by the Trustee to TSIRC where the Deed of Grant in Trust is
transferred to another entity other than TSIRC;

c) the consent of the Minister to the grant of the leasehold interest under the Torres Strait
Islander Land Act 1991 (Qld) if required; and
d) all acts necessary to give effect to those acts.

The Extract does note, however, that no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.

This means that the ILUA does not:

- provide consent for the doing of any acts by
non-native title parties;

- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.

Native Title in the ILUA area

Background
Native Title History
There have been a total of six native title claim applications by the Badu Islanders, all of which were withdrawn or discontinued apart from Badu Islanders #1 (Federal Court file no: QUD6078/98 Tribunal file no: QC96/63) which was finalised with a full approved determination over Badu Island and adjacent islands in 2004. Native title is held by the Mura Badulgal (Torres Strait Islanders) Corporation RNTBC on behalf of the Badulgal People.

Related Entries

Agreement
  • Nona and Ors on behalf of the Saibai, Dauan, Mabuiag, Badu and Boigu Peoples v State of Queensland [2005] FCA 1118 (15 August 2005)
  • Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578
  • Nona and Manas v State of Queensland [2006] FCA 412
  • Organisation
  • Torres Strait Island Regional Council - Signatory
  • Mura Badulgal (Torres Strait Islanders) Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Badu People

  • References

    Case Law
    Federal Court of Australia (2004) Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578
    Resource
    National Native Title Tribunal (2004) Native Title Determination Summary: Badu Islanders' #1

    Documents

    Map
    Badu Child Care Centre ILUA Map - ( PDF)
    Badu Child Care Centre ILUA Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Lease | Aboriginal Corporation (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Deed of Grant in Trust (DOGIT) (Australia) | Torres Strait Islander Land Trust (Queensland) (Australia)

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