Badu Island Indigenous Land Use Agreement (ILUA)
|Date: ||24 May 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The ILUA covers the land and waters on the landwards side of the high water mark on Badu Island. The ILUA does not apply to lot 11 on plan TS163, lot 12 on plan TS158, lot 135 on plan TS288 or lot 9 on plan CP894533.
The ILUA falls within the Badu Island Council and the Torres Strait Regional Authority.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No.:QI2004/039|
|Subject Matter:||Future Act | Housing, Construction and Infrastructure | Land Use | Native Title | Recognition of Native Title or Traditional Ownership|
|Summary Information: |
|The Badu Island Indigenous Land Use Agreement (the ILUA) was made as one of five ILUAs in the Torres Strait to clarify native title rights in the area relating to the construction of public infrastructure. National Native Title Tribunal President Graham Neate said ‘[t]hese ILUAs establish how the native title holders and the State of Queensland will work together so that the communities receive the services they require while ensuring protection of native title rights and interests’. This ILUA finalises the determination of native title in Nona on behalf of the Badulgal v State of Queensland  FCA 1578.|
|Detailed Information: |
|The extract of the ILUA from the Register of Indigenous Land Use Agreements includes the following description:|
'The agreement validates the Government Acts performed between 23 December 1996 and the date of the Registration of this ILUA. It also includes the consent of the parties to the grant of the Trustee Leases, as defined in Clause 1.1, by the State of Queensland. The Non-Extinguishment Principle applies'.
The 'Trustee Leases' means to the leases between the Badu Island Council and the Department of Health in relation to a community health centre and two accommodation facilities and the leases between the Badu Island Council and the Department of Education in relation to two accommodation facilities and an accommodation facility yet to be constructed.
The 'Government Acts' means any Future Act done invalidly by or on behalf of the State of Queensland in the Agreement Area after 23 December 1996.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. The parties also agree that the non-extinguishment principle applies. This means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.