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Badu Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 14 May 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Badu, Queensland, Australia
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 August 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2015/017
Subject Matter:Housing, Construction and Infrastructure | Land Management | Management / Administration | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/017
Summary Information:
The Badu 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);

- Mura Badulgal (Torres Strait Islanders) 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 10 August 2015.

The Extract does specifies the start date as 14 May 2015.

The Extract also notes that, subject to clause 3.2, the Agreement commences on the Execution Date.

The Execution Date is defined as the day on which the Agreement is executed by the parties. If the parties execute the Agreement on different days, it will be the latter of those days.

Clauses 5 and 6 commence on Registration being 10 August 2015.

The Agreement may be terminated by written notice 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 10 August 2015.

Project Notice

A Project Notice must be served upon the Mura Badulal (Torres Strait Islanders) Corporation as early as reasonably practicable before the first day of any Agreed Act occurs.

The Mura Badugal, on receiving a Project Notice, must inform the Common Law Holder and keep them reasonably informed of the doing of the Agreed Acts.

Non-Extinguishment Principle

The parties concur that the Non-Extinguishment Principle, as defined in the Native Title Act does apply to the doing of the Agreed Acts insofar as they are Future Acts.

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 Title Holders are the Mura Badugal People whose rights and interests were recognised by the consent native title determination in he consent native title determination in Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578 (14 December 2004) [2005] FCA 1115 (15 August 2005).

Related Entries

Agreement
  • Mura Badulgal (Torres Strait Islanders) Corporation - Badu Island Pre-Prep Facility Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Mura Badulgal (Torres Strait Islanders) Corporation - Signatory
  • National Native Title Tribunal
  • Torres Strait Island Regional Council - Signatory
  • State of Queensland - Signatory
  • 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)

  • Documents

    Map
    Badu Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Badu Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Badu Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) Written Description - ( PDF)

    Glossary

    Aboriginal Corporation (Australia) | Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Land Use Agreement (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Local Government | Native Title Determination (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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