Back to search results

printable versionPrint this page

St Andrew's Anglican Church, Torres Strait Island Regional Council and Porumalgal (Torres Strait Islanders) Corporation Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 January 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located on Coconut Island in the Torres Strait. , Queensland, Australia
The Agreement Area covers about 1987 sq m on Coconut Island in the Torres Strait.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 January 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/077
Subject Matter:Access | Land Use
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/077
Summary Information:
St Andrew's Anglican Church, Torres Strait Island Regional Council and Porumalgal (Torres Strait Islanders) Corporation ILUA is a Body Corporate Agreement between:

- Torres Strait Island Regional Council;

- St Andrew's Anglican Church, Poruma; and

- Porumalgal (Torres Strait Islanders) Corporation.

The purpose of the Agreement is to provide consent and validation for Trustee Leases and Sub-Leases from the Corporation to the Church.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 6 January 2015.

The Extract does not provide a specific start or end date for the Agreement.

Subject to Clause 3.2, the Agreement commences on the date it is executed by the parties.

Clauses 5, 6 and 7 commence on the Registration Date being 6 January 2015.

Termination of the Agreement can only be done by written agreement by each party.

Native Title Provisions

The Porumalgal Corporation consents to the Torres Strait Island Regional Council granting a Trustee Lease to the Church and to any other Future Acts which the Trustee Lease authorises to be done.

The Trustee Lease will operate for a period of no longer than 30 years.

Any Sub-Lease by the Church must be consistent with the terms of the Trustee Lease.

The parties to this Agreement acknowledge that the Non-Extinguishment Principle (as defined in the Native Title Act) applies to the grant of the Trustee Lease and Sub-Lease within the Agreement Area.

Subdivision P, Part 2, Division 3 of the Native Title Act does not apply to any Future Acts consented to with respect to Trustee Leases, Sub-Leases and Non-Extinguishment.

Where an Invalid Future Act has occurred, the parties agree to the validation of the grant of the Trustee Lease and the Sub-Lease where such Leases have been granted after the Commencement Date and prior to the Registration Date.

In addition, the parties acknowledge that the Non-Extinguishment Principle, as defined in the Native Title Act applies to the grant of the Trustee Lease and the Sub-Lease where it is validated.

Subdivision P, Division 3, Part 2 of the Native Title Act does not apply to the grant of the Trustee Lease
and Sub-Lease validated retrospectively.

Native Title in the ILUA Area

Porumalgal (Torres Strait Islanders) Corporation is the registered native title body corporate for the consent native title determination in Jack Billy on behalf of the Poruma People v State of Queensland and Ors [2005] FCA 1115 (15 August 2005). It is a signatory to the Coconut Island Indigenous Land Use Agreement and the Porumalgal and Ergon Energy Electricity Indigenous Land Use Agreement.

Related Entries

Organisation
  • Torres Strait Island Regional Council - Signatory
  • Porumalgal (Torres Strait Islanders) Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • St Andrew's Anglican Church, Poruma - Signatory

  • Documents

    Map
    St Andrew's Anglican Church, Torres Strait Island Regional Council and Porumalgal (Torres Strait Islanders) Corporation Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    St Andrew's Anglican Church, Torres Strait Island Regional Council and Porumalgal (Torres Strait Islanders) Corporation Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

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

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey