Saibai Island Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
|Date: ||22 January 2018|
|Sub Category:||Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Saibai Island in the Torres Strait|
|State/Country:||Queensland , Australia|
|The Agreement Area covers three land parcels (about 3084 sq metres) on Saibai Island in the Torres Strait. This area falls within the Torres Strait Island Regional Council local government area, 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 29 May 2018.|
|Legal Reference: ||National Native Title Tribunal File Number: QI2018/003|
|Subject Matter:||Future Act | Health and Community Services | Housing, Construction and Infrastructure | Native Title|
|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 Partnerships(applicant);
- Saibai Mura Buway (Torres Strait Islanders) Corporation; and
- the Torres Strait Island Regional Council.
The purpose of the ILUA is to authorise the grant of a Social Housing Lease and the construction, renovation or repair of any Social House, as well as Social Housing Infrastructure Works, within the Agreement Area.
The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is the Torres Strait Regional Authority.
|Detailed Information: |
|Details of the agreement|
The ILUA was registered with the National Native Title Tribunal (NNTT) on 29 May 2018.
The agreement commenced on 22 January 2018 (the execution date), except for clauses 5 and 6 which commenced on 29 May 2018 (when the agreement was registered). The NNTT extract does not specify an end date.
The ILUA can be terminated at any time with the written agreement of each party.
The ILUA provides the parties' consent to the following acts:
a) The grant of a social housing lease, amended lease or sublease;
b) The registration of a social housing lease or amended lease;
c) Any activity permitted under a lease or amended lease, including survey activities, geotechnical investigations, or the grant of permits or authorities. This might also include construction, upgrade, renovation and restoration of social housing, land clearing, the use of social housing and land, or the creation of any interests (other than granting freehold title or the renewal or extension of a lease );
d) The surrender by the State of Queensland of any part of a 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;
e) Infrastructure works within the ILUA area for the purposes of the social housing project; and
f) Construction, operation, use, maintenance or repair of housing on Lot 67 on SP267944.
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.
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 Queensland  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 (see Saibai People v Queensland  FCA 158).