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Moa Island Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 August 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Moa Island
State/Country:Queensland, Not specified
The agreement area consists of 44 land parcels covering about 5.2 hectares in the town of Kubin on Moa Island in the Torres Strait of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 April 2013. This is an Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2013/008
Subject Matter:Future Act | Housing, Construction and Infrastructure | Native Title
Summary Information:
The Moa Island Torres Strait Social Housing Indigenous Land Use Agreement(ILUA) was agreed between the following parties:

- State of Queensland acting through the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs
- Mualgal Torres Strait Islanders Corporation
- Torres Strait Island Regional Council

The purpose of this body corporate ILUA is to provide consent and validation to a range of agreed acts between the parties.
Detailed Information:
Details of the Agreement

The parties entered into this agreement so as to provide consent to certain agreed acts and also agree to the validation of such acts done by the state or the territory.

As per this agreement Agreed acts include any of the following:
- grant by the Trustee (the Torres Strait Island Regional Council) of any social housing lease/sublease or amendment of an existing lease.

- Registration of any social housing lease under
the Land Title Act 1994 (Qld); the Land Act 1994 (Qld); TSILA [Torres Strait Islander Land Act 1991 (Qld).

- The doing of any activity permitted by any Social Housing Lease including survey activities, geotechnical investigations, grant of any permits or authorities, construction of any Social Houses, upgrade, renovation and restoration of any social houses, the clearing of any land, the use of any social Houses and land, creation of any interests (other than a grant of Freehold Title or the renewal or extension of a lease).

- The surrender by the State of any part of any social housing lease in the agreement area,
to facilitate the grant of any subsequent interest in the land.

- The doing of any social housing infrastructure works within the agreement area and for the
purposes of the project.

For the purpose of this agreement,

Project means all or part of the agreement area on Moa Island, the grant of a social housing lease, the construction, renovation or repair of any social house in accordance with the terms of the lease, the doing of any social housing infrastructure works for the purpose of servicing those social houses.

Social House means any dwelling house subject to the social housing lease, including any dwelling house upgraded, renovated, restored or constructed pursuant to the social housing

Social Housing Infrastructure Works includes:
- permits or requires; or
- consists of the construction, operation, use, maintenance or repair of any road, footpath, lighting of streets, water supply, sewerage, reticulation, electricity supply, domestic gas supply, communications facility or anything similar within the agreement area.

Social Housing Lease means any lease over all or a part of the agreement area.


The agreement commences on the 13 August 2012.

Native Title Provisions

Right to negotiate does not apply for this agreement.

Native title in the ILUA Area:

The Mualgal people from the Moa island were granted native title determination on 12 February 1999.

Related Entries

  • Mualgal People v State of Queensland [1999] FCA 157 (12 February 1999)
  • Organisation
  • State of Queensland - Signatory
  • Department of Aboriginal and Torres Strait Islander and Multicultural Affairs - Signatory
  • Mualgal (Torres Strait Islanders) Corporation RNTBC - Signatory
  • Torres Strait Island Regional Council - Signatory
  • National Native Title Tribunal
  • Legislation
  • Torres Strait Islander Land Act 1991 (Qld)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)

  • Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia)

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