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Poruma Island Sewerage Scheme Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 27 August 2012
Date To: 26 August 2042
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Poruma Island, Torres Straight, Queensland, Australia
Poruma Island is located approximately 100 kilometres north-east of Thursday Island in the Torres Strait in far north Queensland. The ILUA Area is within the jurisdiction of the Torres Straight Island Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 October 2012. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/075
Subject Matter:Access | Future Act | Health and Community Services | Housing, Construction and Infrastructure | Land Planning | Local Government | Water
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2012/075
Summary Information:
Poruma Island Sewerage Scheme Indigenous Land Use Agreement (ILUA) is an agreement between:
- Torres Strait Island Regional Council (applicant); and
- Porumalgal (Torres Strait Islanders) Corporation, Registered Native Title Body Corporate.

The purpose of the agreement is for the parties to provide their consent to agreed future acts relating to the construction and establishment of the Poruma Island Sewerage scheme.
Detailed Information:
Details of the Agreement

This agreement is for a period of 30 years which commences on the Execution Date, 27/08/2012.

The parties consent to the doing of agreed acts. To the extent that they are Future Acts, the parties acknowledge that the Non-Extinguishment Principle applies to the doing of the Agreed Acts.

The Corporation agrees that it will not (a) object to the doing of the Agreed Acts; or (b) do or omit to do anything that would prevent or delay the doing of the Agreed Acts.

'Agreed Acts' means any acts done as part of, or in relation to, the construction and establishment of the Poruma Island Sewerage scheme within the ILUA Area, including:
a) Construction Acts;
b) The construction of:
i. gravity municipal sewer mains; ii. sewerage pump stations; iii. rising mains; iv. mechanical sewerage treatment plant
c) all property connections necessary for connecting current and future residential, commercial, and industrial buildings within the ILUA area to the Poruma Island Sewerage Scheme;
d) operation, use and maintenance (including access to) the Sewerage Infrastructure;
e) occupation, use and control of the ILUA Area by the Council for the purpose of operating and maintaining the sewerage treatment plant during the term of the agreement; and
f) Any other activity, services or utilities necessary for or incidental to the Agreed Acts set out in (a) to (e) above.

Native Title within the ILUA Area

The ILUA Area is the land and waters of Poruma (Coconut) Island where native title was held to exist in the approved Determination of Native Title made by the Federal Court of Australia in Porumalgal Poruma People on 7 July 2000. The native title of the Poruma People is to be held on trust by the Porumalgal (Torres Strait Islander) Corporation. The determination 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. The Poruma claim excluded certain roads, particular land used by the Telstra Corporation and the Ergon Energy Corporation, and the island's airstrip.

Related Entries

Agreement
  • Poruma People v State of Queensland [2000] FCA 1066 (7 July 2000) AND Warraber People v State of Queensland
  • Porumalgal and Ergon Energy Electricity Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Porumalgal (Torres Strait Islanders) Corporation - Signatory
  • Poruma Island Council
  • Torres Strait Island Regional Council - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Poruma People

  • References

    General Reference
    National Native Title Tribunal (NNTT) Extract from the Register of Indigenous Land Use Agreements for Poruma Island Sewerage scheme ILUA

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Local Government | Native Title (Australia)

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