ATNS - Agreements, Treaties and Negotiated Settlements project

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Kaurareg People / Torres Shire Council / State of Queensland - Indigenous Land Use Agreement (ILUA)
Date:	16 March 2001
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Torres Strait
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State/Country:	Queensland, Australia
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	The areas covered by the Agreement are those areas above the high water mark on Ngurupai (Horn Island), Murulag (Prince of Wales Island), Zuna (Entrance Island), Damaralag (Dumuralug Islet), Mipa (Pipa or Turtle Islet), Tarilag (Packe Island) and Yeta (Port Lihou Island) located in the Torres Strait. The Agreement, in total, covers an area of about 260 sq km. All areas fall within the local government area of the Shire of Torres.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: QIA2000/00
Subject Matter:	Cultural Heritage \| Environmental Heritage \| \| Land Management \| Land Transaction \| Land Use \| Local Government \| Native Title \| Native Title - Extinguishment \| Recognition of Native Title or Traditional Ownership
Summary Information:
The Kaurareg People / Torres Shire Council (TSC) / State of Queensland Indigenous Land Use Agreement (the ILUA) deals with issues that needed to be settled between the parties before a determination of native title could be made over the area of the Kaurareg People's native title claims. The National Native Title Tribunal publication 'The Kaurareg People's Native Title Determinations Questions and Answers' booklet explains that 'The ILUA sets out the basis for the agreement, including that - the Kaurareg People are the traditional owners of the ILUA area; - the TSC is the Local Government authority and has interests in the ILUA area; - the State wants to resolve native title issues through negotiations and agreements; - the ILUA is an 'area agreement' that records agreements on a range of issues; and - the Torres Strait Regional Authority, as the representative Aboriginal/Torres Strait Islander body, knows about the ILUA.' The ILUA specifies that the right to negotiate does not apply to any of the future acts covered by the agreement. A future act is defined in the Native Title Act 1993 (Cth) (the Act) as an activity which may affect native title. Under the Act, native title parties must be given the right to negotiate about future acts or provide their consent to the acts, in order for the acts to be valid. The ILUA provides the Kaurareg People's consent to a number of future acts - these are explained in the Full Note information below. The Kaurareg agree to surrender their native title over areas of land within the ILUA that are to be used for various public works.
Detailed Information:
Each of the parties agreed to a number of things relating to the native title land: The Kaurareg have agreed that buildings and public works that already exist can be made legal or 'validated'. These include: a) the Wasaga School; b) navigation beacons; and c) existing water supply infrastructure. The Kaurareg People also agreed that the Council can carry out new developments on the native title land in the future, including: a) a sewerage plant; b) an airport extension; c) a residential area; d) a public recreation area; and e) an industrial area. Some of these developments may take away or 'extinguish' the native title once they are constructed, but the native title rights will remain in place for some of them. The Torres Shire Council and the State agreed to remove some tenures that were not appropriate or necessary any more. In one instance, the Camping and Recreation Reserve on Murulag (Prince of Wales Island) which includes an area of particular cultural significance to the Kaurareg People will be reduced in size. The Council will remain as the trustee for this reserve. In order to ensure that the public can still access some of the land for recreational purposes, the Kaurareg People have agreed that three new reserves can be created, one on Murulag and two on Ngurupai. The Kaurareg People will be the trustees of these reserves. The Kaurareg and the Torres Shire Council agreed to some things separately, including that: a) Public works on the native title land take away or 'extinguish' native title; b) For public works and other Council activities on the native title land in the future, the TSC will usually give written notice to the Kaurareg People and obtain their consent. The TSC can, however, carry out minor activities without getting consent; c) The Kaurareg People agree that they won't do anything in the Water Reserve area that might affect the water supply; d) The Kaurareg People agree that the TSC can access any of its buildings or roads and carry out council duties following the law or any agreement between the TSC and the native title group. The TSC must do its best not to disturb the Kaurareg People living there; e) The Kaurareg People and the TSC agree that they will keep talking about: - a review of the TSC's planning scheme; - the management, regulation and control of the land; and - a cemetery for Ngurupai; and f) The TSC has acquired some land for a dump on Ngurupai. The native title determinations do not cover this area. There are some other points in the ILUA that might have an effect on the public: a) Once the native title determinations are made, anyone who wants to go on to the native title land who does not otherwise have a legal right to do so, must ask permission from the 'prescribed body corporate' or PBC. This is the body that will represent the Kaurareg People and make decisions about the native title land. When they make a decision, the Kaurareg People must be reasonable and follow their traditional law and custom; b) Any law for the preservation or protection of Aboriginal and Torres Strait Islander cultural heritage still applies to the native title land; and c) The TSC and the Kaurareg People will talk to each other when making final management plans for the Recreation Reserves on Murulag and Ngurupai. This information is taken directly from the National Native Title Tribunal publication 'The Kaurareg People's Native Title Determinations Questions and Answers' booklet published in May 2001.