ATNS - Agreements, Treaties and Negotiated Settlements project

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Kaurareg People and Telstra Indigenous Land Use Agreement (ILUA)
Date:	12 April 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 extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: "land and waters above the mean high water mark on the islands in the Torres Strait listed below: (a) Zuna (Entrance Island); (b) Ngurupai (horn Island); (c) Murulag (Prince of Wales Island); (d) Damaralag (Dumuralug Islet); (e) Mipa (Turtle Island); Tarilag (Packe Island); and Yeta (Port Lihou Island)." The ILUA covers an area of 259.758 square kilometres and is within the Torres Shire Council local government area and the Torres Strait Regional Authority ATSIC region.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: QIA2000/005
Subject Matter:	Future Act \| \| Land Use \| Native Title \| Recognition of Native Title or Traditional Ownership
Summary Information:
The Kaurareg People and Telstra Indigenous Land Use Agreement protects Telstra's existing telecommunications facilities on the Zuna, Ngurupai, Murulag, Damaralag, Mipa, Tarilag and Yeta islands in the Torres Strait, and provides conditions for Telstra's future telecommunications activity in the area. The agreement was made following the determination by the Federal Court that native title exists over areas of the Kaurareg People's native title claim. In the agreement Telstra recognises the Kaurareg People as the native title holders of the area and the Kaurareg people recognise that Telstra has a statutory obligation to ensure that the standard telephone service is reasonably accessible to all people in Australia, on an equitable basis. The native title holders (the Kaurareg) acknowledge the existing infrastructure that Telstra has on the islands and "agree not to dispute" Telstra's ownership, validity or right to use it. Their consent is given for work to be done by Telstra on these existing sites and for any "grant or regrant to Telstra of an Occupancy Agreement for the approximate area of an Existing Site". The agreement specifies that the native title holders do not give consent to the grant of a lease for cables/cabling. This can be dealt with through the provisions for enabling other future activities to be validly undertaken, which are set out in the agreement: on receipt of a Proposed Activity Notice, the native title holders may provide a Consent Notice to agree to the proposed activity. If they do not respond within 20 days it is taken as consent to the proposal. The parties 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.