ATNS - Agreements, Treaties and Negotiated Settlements project

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Telstra Yam Indigenous Land Use Agreement (ILUA)
Date:	28 June 2005
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 ILUA is located at Yam Island, in the Torres Strait. This area is governed by the Iama Island Council and the Torres Strait Regional Authority. The ILUA area covers all the land and waters on Yam Island up to the high water mark.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No.: QI2004/06
Alternative Names:	Telstra Yam Agreement
Summary Information:
The Telstra Yam Indigenous Land Use Agreement (ILUA) was signed to ensure the provision of telecommunication services in the Iama and Tudulaig native title determination area. The ILUA provides for certain future acts to ensure that telecommunications infrastructure can be maintained and improved in the future. The agreement is made between electricity providers Telstra Corporation Limited and Ned David, Charles David, Silen David, Philomena David, Patrick Thaiday and Cyril Stephen and the Iama and Tudulaig native title holders' native title body corporate (NTBC) Magani Lagaugal (Torres Strait Islanders) Corporation. A determination that native title exists in the area of the Yam Islanders/Tudulaig People native title claim (National Native Title Tribunal file no.:QC02/15) was made in May 2005. The Telstra Yam ILUA is one of five ILUAs signed to allow for the continued provision of telecommunication services in areas of the Torres Strait where native title has been recognised.
Detailed Information:
Under this 35 year agreement, the parties agree to the doing of certain 'future acts'. These include: - the grant of a lease by the Iama Island Council to Telstra in respect of certain sites, including the renewal of that lease; - Telstra undertaking activities or constructing facilities in the future on existing sites in the usual course of business; - the construction of a future telecommunications facility; and - the grant of an Occupancy Agreement in connection with future constructions, including its renewal. Where Telstra proposes construction of a future telecommunications facility or an Occupancy Agreement, certain notification and consultation procedures must be followed. Additionally, Telstra must be subject to a universal service obligation with respect to the Torres Strait or be acting for the benefit of the Torres Strait Islander Community. Without this agreement, the actions of Telstra 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.