ATNS - Agreements, Treaties and Negotiated Settlements project

Print this page
Mabuiag Island Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
Date:	12 August 2013
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Mabuiag Island in the Torres Strait.
	Click this link to search this location with google maps
State/Country:	Queensland. , Australia
	Click this link to search this location with google maps
	The Agreement Area covers about 0.0105 square kilometres on Mabuiag Island in the Torres Strait. This area falls within the Torres Strait Island Regional Council.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 November 2013.
Legal Reference:	National Native Title Tribunal File No.: QI2013/078
Subject Matter:	Economic Development \| \| Native Title
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD-RegisteredILUA-MabuiagIslandTorresStraitSocialHousingILUA-QI2013078.aspx
Summary Information:
The Mabuiag Island Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between: - State of Queensland, Department of Aboriginal and Torres Strait Islander and Multicultural Affairs(applicant); - Goemulgaw (Torres Strait Islanders); and - Torres Strait Island Regional Council. The purpose of the Body Corporate Agreement is to authorise the grant of a Social Housing Lease and the construction, renovation or repair of any Social House within the Agreement Area.
Detailed Information:
Details of the agreement Commencement The ILUA was registered with the National Native Title Tribunal on 26 November 2013. The Agreement is said to commence on 12 September 2013 except for clauses 5 and 6 which commence on the date of registration. The Extract does not stipulate a specific end date. The Extract also notes that the ILUA can be terminated at any time with the written agreement of all parties. Agreement The Agreement operates to provide the parties' consent to specified 'Agreed Acts' to the extent that they are future acts. The Extract sets out these Agreed Acts as follows: a) The grant of a Social Housing lease, amended lease or sublease; b) The registration of a Social Housing lease under the Land Title Act 1994 (Qld), the Land Act 1994 (Qld) or the Torres Strait Islander Land Act 1991 (Qld); c) Activities undertaken in connection to the lease or sublease, which may include survey activities, geotechnical investigations, the grant of any permits or authorities, the construction of any Social Houses, the upgrade, renovation and restoration of any Social Houses, the clearing of any land, the use of any Social Houses and land and the creation of any interests (other than a grant of freehold title or the renewal or extension of a lease ); d) The surrender by the State of Queensland of any part of the lease in order to facilitate the grant of a subsequent interest in the land or for some other purpose not connected to the Social Housing Project; and e) Infrastructure works within the ILUA area for the purposes of the Social Housing Project. Native Title Provisions Non-extinguishment principle 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. Right to negotiate provisions do not apply The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Without this agreement, the grant 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. Background to the Agreement: Native Title in the ILUA Area The Goemulgaw (Torres Strait Islanders) Corporation is the registered native title body corporate for the consent native title determination in Mabuiag People v State of Queensland [2000] FCA 1065. It administers the native title rights and interests recognised over Mabuiag island. The Mabuiag People v State of Queensland determination of June 2000 approved the draft determination negotiated by the parties and the Corporation was incorporated pursuant to the Aboriginal Councils and Associations Act 1976 (Cth). The parties agreed that the Gumulgal were the common law holders of native title rights and interests in the claim area. Their native title rights and interests include possession, occupation, use and enjoyment of the land subject to traditional laws and customs. This agreement also recognised the other Indigenous peoples in the area: Papua New Guinean Indigenous people are also entitled to access to the determination area for traditional purposes. In reaching his decision, Justice Drummond of the Federal Court referenced a report by a government official on Thursday Island from 1886 that 'there is no doubt that every acre has a reputed owner, that every grove or single tree of any value has its proper and legitimate hereditary owner'. 'Gulmulgal Lands' include the islands (and their natural features and resources) of Mabuig, Red Fruit, Aipus, Marte, Iadi, Widul, Pururai, Pulu, Kamutnab, Mipa, Warakuikul, Tabab, Talab, Kaub, Puilgulgul, Pelican, Subur, Bupu and Kongan Rock.