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Mura Badulgal (Torres Strait Islanders) Corporation - Badu Island Pre-Prep Facility Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 October 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Torres Strait , Queensland, Australia
The area under the ILUA covers the trustee lease and infrastructure area on Badu Island, which is located in the Torres Strait approximately 60km north of Thursday Island in the state of Queensland.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements
Legal Reference: Tribunal file no: QI2011/045
Subject Matter:Economic Development | Housing, Construction and Infrastructure | Land Management | Land Planning | Land Transaction | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Mura_Badulgal_(Torres_Strait_Islanders)_Corporation_-_Badu_Island_Pre-Prep_Facility_ILUA_QI2011_045.aspx
Summary Information:
The Mura Badulgal (Torres Strait Islanders) Corporation - Badu Island Pre-Prep Facility Indigenous Land Use Agreement (ILUA) is a body corporate agreement made between the State of Queensland (Applicant) and Mura Badulgal (Torres Strait Islanders) Corporation RNTBC and Torres Strait Island Regional Council. Clause 6 (except 6.5), 11 and 12 commence upon the date of registration being the 28 October 2011 and the remaining clauses commenced on the 4 August 2011. The ILUA will continue to operate until the parties agree to terminate the agreement in writing. The purpose of the agreement is to facilitate the construction, operation, maintainence, use, control and occupation of the Pre-Prep Facility on the Trustee Lease Area.
Detailed Information:
Terms of the Agreement
Under the the Mura Badulgal (Torres Strait Islanders) Corporation - Badu Island Pre-Prep Facility ILUA, the parties consent to the construction, operation, maintainence, use, control and occupation of the Pre-Prep Facility on the Trustee Lease Area. The parties also agree to the grant of the trustee lease and the occupation, use and control in the lease area by the State of Queensland. The Trustee Lease is trustee lease H on SP230847 which is granted under the Torres Strait Islander Land Act 1991 (Qld).

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There have been a total of six native title claim applications by the Badu Islanders, all of which were withdrawn or discontinued apart from Badu Islanders #1 (Federal Court file no: QUD6078/98 Tribunal file no: QC96/63) which was finalised with a full approved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 2005. Native title is held by the Mura Badulgal (Torres Strait Islanders) Corporation RNTBC on behalf of the Badulgal People.

Location
Badu Island is located in the Torres Strait and has a population of around 820.

Related Entries

Agreement
  • Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578
  • Badu Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Mura Badulgal (Torres Strait Islanders) Corporation - Signatory
  • Torres Strait Island Regional Council - Signatory
  • State of Queensland - Signatory
  • Legislation
  • Torres Strait Islander Land Act 1991 (Qld)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Nona on behalf of the Badulgal
  • Case Law
  • Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578

  • References

    General Reference
    National Native Title Tribunal (2011) Registered ILUA - Mura Badulgal (Torres Strait Islanders) Corporation - Badu Island Pre-Prep Facility ILUA QI2011/045
    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
    Mura Badulgal (Torres Strait Islanders) Corporation - Badu Island Pre-Prep Facility ILUA Map - ( PDF | Image)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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