Saibai Island (Torres Strait) Social Housing Indigenous Land Use Agreement (ILUA)
|Date: ||10 February 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Saibai Island in the Torres Strait.|
|State/Country:||Queensland. , Australia|
|The Agreement Area covers seven land parcels (about 0.7 Hectares) on Saibai Island in the Torres Strait. This area falls within the Torres Strait Island Regional Council and is approximately 145 km north of Cape York.
Saibai Island is the largest island in the Top Western Cluster. It is about 20 km long and 6 km wide. Papua New Guinea's river systems are 5 km to the north of the island, whilst the Papua New Guinea mainland is 8 km to the north. At an average of one metre above sea level (with the highest point being 1.7 metres), the island interior is a mixture of mangroves, flood plain and brackish swamps which is prone to flooding during wet season.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 May 2014.|
|Legal Reference: ||National Native Title Tribunal File Number: QI2014/012 |
|Subject Matter:||Future Act | Health and Community Services | Housing, Construction and Infrastructure|
|Summary Information: |
|The Saibai Island (Torres Strait) Social Housing Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:|
- the State of Queensland, Department of Aboriginal and Torres Strait Islander and
Multicultural Affairs (applicant);
- Saibai Mura Buway (Torres Strait Islanders) Corporation; and
- the Torres Strait Island Regional Council.
The purpose of the Body Corporate Agreement is to authorise the grant of a Social Housing Lease and the construction, renovation or repair of any Social House within the Agreement Area.
|Detailed Information: |
|Details of the agreement|
The ILUA was registered with the National Native Title Tribunal on 5 May 2014.
The Agreement is said to commence on 10 February 2014 (the execution date) except for clauses 5 and 6 which commence on 5 May 2014 (the registration date). The Extract does not stipulate a specific end date.
The Extract also notes that the ILUA can be terminated at any time with the written agreement of all parties.
The Agreement operates to provide the parties' consent to specified 'Agreed Acts' to the extent that they are future acts. The Extract sets out these Agreed Acts as follows:
a) The grant of a Social Housing lease, amended lease or sublease;
b) The registration of a Social Housing lease under the Land Title Act 1994 (Qld), the Land Act 1994 (Qld) or the Torres Strait Islander Land Act 1991 (Qld);
c) Activities undertaken in connection to the lease or sublease, which may include survey activities, geotechnical investigations, the grant of any permits or authorities, the construction of any Social Houses, the upgrade, renovation and restoration of any Social Houses, the clearing of any land, the use of any Social Houses and land and the creation of any interests (other than a grant of freehold title or the renewal or extension of a lease );
d) The surrender by the State of Queensland of any part of the lease in order to facilitate the grant of a subsequent interest in the land or for some other purpose not connected to the Social Housing Project; and
e) Infrastructure works within the ILUA area for the purposes of the Social Housing Project.
Native Title Provisions
Right to negotiate provisions do not apply
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.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
Background to the Agreement:
Native Title in the ILUA Area
The Saibai People had their native title rights recognised over this area on 12 February 1999 in Saibai People v Queensand  FCA 158.
The Saibai People first lodged their claim with the National Native Title Tribunal (NNTT) in 1995. After four years of negotiation between the parties, a native title determination was made in favour of the Saibai People. All parties recognised the Saibai people’s native title rights to possess, use occupy and enjoy their land. This agreement was approved by Justice Drummond of the Federal Court in February 1999, recognising Saibai ownership of Saibai, Mawalmay Thoera, Thawpay Kawamag and Kuykuthal Kawamag Islands, in the Torres Strait.
The Saibai Mura Buway (Torres Strait Islanders) Corporation is the registered native title body corporate for the Saibai People and administers the native title rights and interests recognised over Saibai Island. It was incorporated on 6 June 1997 and is registered on the Office of the Registrar of Aboriginal Corporations (ORAC) register.
The Prescribed Body Corporate (PBC) represents the seven clan groups of Saibai Island. Herbert Warusam, the PBC Chair, BC represents all seven clan groups on the island. According to PBC Chair, Herbert Warusam, the PBC still struggles from a lack of resources and has seen little progress since the native title determination.