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IBIS - Warraber Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 16 August 2013
Date To: 16 August 2043
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Warraber Island., Queensland. , Australia
The ILUA covers Warraber Island in the Torres Strait. It is defined in the Extract as covering Lease B on SP143316 (about 920 sq m). Warraber Island is located approximately 65 kilometres north east of Cape York. The area's local council is Torres Strait Island Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 November 2013.
Legal Reference: National Native Title Tribunal File No.: QI2013/075
Subject Matter:Economic Development | Future Act
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/Qld_-_Registered_ILUA_-_IBIS_-_Warraber_ILUA_-_QI2013_075.aspx
Summary Information:
The IBIS - Warraber Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Island Industries Board trading as Islanders Board of Industry and Service (applicant);

- Warraberalgal (Torres Strait Islanders) Corporation; and

- Torres Strait Island Regional Council.

The purpose of this body corporate agreement is to authorise the grant of a trustee lease to the Island Industries Board.
Detailed Information:
Details of the agreement

Commencement

The ILUA was registered with the National Native Title Tribunal on 19 November 2013. The Extract stipulates that the Agreement is to run for a period of thirty years, with the start date being 16 August 2013 and the end date 16 August 2013.

Terms of the Agreement

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

a) all acts necessary to obtain approval to the grant of a trustee lease by the Torres Strait Island Regional Council to the Islander Board of Industry and Service (IBIS);

b) all acts necessary for IBIS to operate the business in accordance with the trustee lease for the period of the lease; and

c) all acts necessary to give effect to those acts.

The trustee lease is to be granted to Island Industries Board trading as Islander Board of Industry and Service (IBIS) operating under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (Qld).

Native Title Provisions

Right to negotiate provisions do not apply

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

Without this agreement, the grant 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.

Background to the Agreement:

Native Title in the ILUA Area

Warraberalgal (Torres Strait Islanders) Corporation is the registered native title body corporate for the consent native title determination in Warraber People v State of Queensland [2000] FCA 1066 (7 July 2000).

The two consent determinations - Poruma People v State of Queensland [2000] FCA 1066 and Warraber People v State of Queensland - were delivered together and involve the Poruma People of Poruma (Coconut) Island and Warraber People of Warraber Island. The two peoples are closely connected by 'ties of kinship and common language' and have traditionally had connections with each others' land. The native title of the Poruma People is held on trust by the Porumalgal (Torres Strait Islander) Corporation and the native title of the Warraber People is held on trust by the Warraberalgal (Torres Strait Islander) Corporation.

Both consent determinations declared that the Poruma People and Warraber People were the common law holders of the land in their respective claim areas. The communal and group rights and interests which comprise native title ensure they may posses, occupy, use and enjoy the land subject to their traditional laws and customs. The nature and extent of these rights was explored in further detail by Justice Drummond in the consent determinations. As with the majority of consent determinations, the orders were made in respect of land that was either unallocated crown land, reserved land or land already held by, or for the benefit of, Aboriginal or Torres Strait Islander People. Both claims excluded certain roads, a couple of lots of land, particular land used by the Telstra Corporation and the Ergon Energy Corporation, and airstrips on each island.

There were a number of other rights and interests in the claim area of Poruma Island that were recognised by the consent determination. They include the powers of the Coconut Island Council under the Community Services (Torres Strait) Act 1984to discharge the functions of local government in accordance with the Deed of Grant in Trust granted on 17 October 1985 to the Coconut Island Council under the Land Act 1962. The rights and interests of the Coconut Island Council and persons under the Deed in Grant of Trust are also protected. In addition, the consent determination recognised the interest of holders of leases granted under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985.

There were also a number of other rights and interests in the claim area of Warraber Island that were recognised by the consent determination. They include the powers of the Sue Island Council under the Community Services (Torres Strait) Act 1984 to discharge the functions of local government in accordance with the Deed of Grant in Trust granted on 17 October 1985 to the Sue Island Council under the Land Act 1962. The rights and interests of the Sue Island Council and persons under the Deed in Grant of Trust are also protected, along with the rights of the Gau Land Trust pursuant to the Deed of Grant in Trust which took effect on 22 August 1998 under the Torres Strait Islander Land Act 1991. The interests of the Australian Maritime Safety Authority as owner and operator of the navigational aid facility on Warraber Island were recognised as the right to enter the claim area in accordance with the law and those interests which exist under the Deed of Agreement made with the representatives of the Warraber People.

Both consent determinations recognised the rights and interests of other Indigenous peoples in the area, consequently Indigenous Papua New Guinea persons are entitled to have access to the determination area for traditional purposes. The Poruma People's determination also recognised the right of Warraber people to enter, live upon and use the area in accordance with their traditional laws and customs. The rights and interest of both Papua New Guinea and Australia in the claim area are further protected by the Treaty between Australia and the Independent State of Papua New Guinea concerning the area known as the Torres Strait, and Related Matters.

In both consent determinations, the interests of the Telstra Corporation Limited and Ergon Energy Limited are protected in the exercise their statutory functions, operation of their facilities and maintenance of their infrastructure. Both corporations have their rights additionally protected by separate Deeds of Agreement with the respective representatives of the native title holders. The Crown and the State of Queensland also hold interests pursuant to any statute or valid executive or legislative act that was current at the date of this determination. The rights and interests of other parties prevail over the rights and interests of the native title holders when they cannot exist concurrently.

Justice Drummond noted that the native title of the Warraber and Poruma People was subject to extinguishments by either the lawful powers of the Commonwealth or State of Queensland or the lawful grants or creation of interests pursuant to the laws of the Commonwealth or State of Queensland.

Related Entries

Agreement
  • Poruma People v State of Queensland [2000] FCA 1066 (7 July 2000) AND Warraber People v State of Queensland
  • Warraber (Sue 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
  • Island Industries Board trading as Islanders Board of Industry and Service - Signatory
  • Legislation
  • Torres Strait Islander Land Act 1991 (Qld) - Signatory
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Warraber People

  • Documents

    Map
    IBIS - Warraber ILUA - Map - ( PDF)
    IBIS - Warraber ILUA - Extract - ( PDF)

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