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Saibai Island Flood Works Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 19 June 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Located on Saibai Island
State/Country:Queensland, Australia
The Agreement Area consists of the Lease F on SP258902 in Lot 3 on Crown Plan TS157. The Agreement Area is located on Saibai Island in the Torres Strait.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 June 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2015/005
Subject Matter:Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/005
Summary Information:
The Saibai Island Flood Works Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- the State of Queensland;

- Saibai Mura Buway (Torres Strait Islander) Corporation; and

- Gangalidda and Garawa Native Title Aboriginal Corporation RNTBC.

The Agreement provides consent for the doing of certain Future Acts and Agreed Acts including construction, grants and operations.
Detailed Information:
Commencement

The Agreement was registered with the Register of Indigenous Land Use Agreements on 19 June 2015.

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

The Extract does, however, state that the Agreement commences operative effect on the Execution Date. The Execution date is defined as "the date on which this Agreement is executed by the parties and if executed on different days, the later of those days."

Clauses 6 and 12 of the Agreement commence on the Registration Date, being 19 June 2015.

Clause 6.6 of the Agreement commences on the Execution Date.

The Agreement may only be validly terminated by written agreement by each party.

Should the Agreement be terminated, Clauses 6, 12 and 14 will continue to apply.

Native Title Provisions

The parties provide their consent to the validation of Future Acts and to the doing of Agreed Acts.

Where Agreed Acts are done before the Registration Date on 19 June 2015 and are consequently invalid Future Acts, the parties consent to the validation of those Acts.

Right to Negotiate

Part 2, Division 3, Subdivision P of the Native Title Act is not intended to apply to the doing of the Agreed Acts.

Agreed Acts

Those Acts including:

(a) construction;
(b) operation and maintenance of infrastructure;
(c) occupation, use and control of the Agreement Area to operate or maintain the flood works and infrastructure;
(d) granting the lease; and
(e) the grantee becoming the lessor.

Specifically, 'Construction Acts' relate to any act done in the Agreement Area as part of or in relation to the construction of the Flood Works. This may include:

(a) survey activities;
(b) geotechnical investigations;
(c) construction of Infrastructure; and
(d) the grant of any licences, permits or authorities.

"Flood Works" is defined as the earthen pad constructed to site the Staff Accommodation above tidal inundation and water runoff.

"Infrastructure" is defined as all utilities, services or other works necessary or incidental to the construction of the Flood Works including the works required to establish those structures in the Agreement Area.

Native Title in the ILUA Area

In 2010, the Federal Court of Australia held in Gangalidda and Garawa People v State of Queensland [2010] FCA 646 that native title exists over parts of the determination area.

Related Entries

Agreement
  • Saibai People v State of Queensland [1999] FCA 158 (12 February 1999)
  • Nona and Ors on behalf of the Saibai, Dauan, Mabuiag, Badu and Boigu Peoples v State of Queensland [2005] FCA 1118 (15 August 2005)
  • Telstra and Saibai Island Indigenous Land Use Agreement (ILUA)
  • Saibai Island Health Indigenous Land Use Agreement (ILUA)
  • Saibai Island (Torres Strait) Social Housing Indigenous Land Use Agreement (ILUA)
  • Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Saibai Mura Buway (Torres Strait Islanders) Corporation - Signatory
  • Saibai Island Community Council
  • Torres Strait Island Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Saibai People
  • Other [Fifth] Respondents in Saibai People v State of Queensland
  • Nona on behalf of the Saibai Dauan, Mabuiag, Badu and Boigu Peoples

  • Documents

    Document
    Saibai Island Flood Works Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Saibai Island Flood Works Indigenous Land Use Agreement (ILUA) Schedule 1 Agreement Area - ( PDF)

    Glossary

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

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