ATNS - Agreements, Treaties and Negotiated Settlements project

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Islanders Board of Industry and Services - Torres Strait Island Regional Council - Indigenous Land Use Agreement (ILUA)
Date:	3 August 2012
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Darnley Island
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State/Country:	Torres Strait, Australia
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	This agreement covers about 480 square metres. It islocated approximately 180 kilometres north east of Cape York on Darnley Island in the Torres Strait. The agreement falls within the Local Government Authority of the Torres Strait Island Regional Council.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 3 August 2012. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: QI2012/053
Subject Matter:	Access \| \| Land Management
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.053/ILUARegisterExport.pdf
Summary Information:
The Islanders Board of Industry and Services - Torres Strait Island Regional Council - Erubam Le Traditional Land and Sea Owners - Indigenous Land Use Agreement (ILUA) was agreed between: - Islanders Board of Industry and Services; - Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation RNTBC; and - Torres Strait Island Regional Council. The purpose of this agreement is to enable a trustee lease to be granted by the council to the Islanders Board of Industry and Services, in order to carry on a business.
Detailed Information:
Agreement details Under this agreement, the parties give consent to the doing of 'agreed acts' and agree that the right to negotiate does not apply to these acts. 'Agreed acts' are defined in the ILUA extract as 'a) all acts necessary to obtain approval to the grant of a Trustee Lease by Council to IBIS; b) the consent of the Minister to the grant of the Trustee Lease if required; c) all acts necessary to operate the Business in accordance with the Trustee Lease throughout the term of the Trustee Lease; d) all acts necessary to give effect to those acts.' It is envisaged that the business will beowned by, on behalf of or for the benefit of the Torres Strait Islanders or their respective groups, sub-groups and families. If the business is substantially different to this, the Islanders Board of Industry and Services must first obtain approval from the native title holders. Native Title in the ILUA Area Native title was recognised over Darnley Island on 8 December 2004 in Mye on behalf of the Erubam Le v State of Queensland [2004] FCA 1573. The determination recognises that the persons holding the communal and group rights are the Erubam Le People and Torres Strait Islanders who have been adopted by those people in accordance with the traditional laws acknowledged and traditional customs observed by those people, who are the common law holders of native title.