ATNS - Agreements, Treaties and Negotiated Settlements project

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Mer Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
Date:	20 August 2015
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located on Mer Island
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State/Country:	Queensland, Australia
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	The Agreement Area is located on Mer (Murray) Island in the Torres Strait.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20 August 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI2015/015
Subject Matter:	Health and Community Services \| \| Native Title
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/015
Summary Information:
The Mer Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between: - State of Queensland acting through the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (State); - Mer Gedkem Le (Torres Strait Islanders) Corporation RNTBC (Corporation) and - Torres Strait Island Regional Council (Trustee). The Agreement provides consent for the grant of a Social Housing Lease and the construction, renovation or repair of any Social House within the Agreement Area.
Detailed Information:
Commencement The Agreement was registered with the Register of Indigenous Land Use Agreements on 20 August 2015. The Extract does not specify a start or end date for the Agreement. The Extract does, however, state that the Agreement commences on the Execution Date. The Execution Date is defined as the day on which the Agreement is executed by the parties and, where executed on different days, the latter of those days. Clauses 5 and 6 commence operation on Registration, being 20 August 2015. The Agreement may be terminated by written agreement by each party. Native Title Provisions Conditional upon the State or Queensland or the Torres Strait Island Regional Council give Project Notice to the Warraberalgal (Torres Strait Islander) Corporation, the parties: 1. consent to the doing of Agreed Acts insofar as they are Future Acts; and 2. agree to validate any Agreed Acts done in the Agreement Area after the Execution Date and prior to Registration on 20 August 2015. Right to Negotiate Part 2, Division 3, Subdivision P of the Native Title Act is not intended to apply to the Agreed Acts. Agreed Acts The Agreed Acts consented to by the parties include: - the grant by the Torres Strait Island Regional Council of any Social Housing Lease or amended lease or sublease within the Agreement Area; - the registration of any Social Housing Lease or amended Social Housing Lease under the Land Title Act 1994 (Qld), the Land Act 1994 (Qld) or the Torres Strait Land Act within the Agreement Area and for purposes of the Project; - the doing of any Activity permitted or contemplated by any Social Housing Lease or any amended Social Housing Lease or any sublease of a Social Housing Lease, including any 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) within the Agreement Area and for the purposes of the Project; - the surrender by the State of any part of any Social Housing Lease in the Agreement Area , to facilitate the grant by the Trustee of any subsequent interest in the land (but not the grant of the subsequent interest itself) or for any other purpose except for purposes of the Project; - the doing of any Social Housing Infrastructure Works within the Agreement Area and for the purposes of the Project. Project The Project is defined as the grant of a Social Housing Lease and the construction, renovation or repair of any Social House in accordance with the terms of the Social Housing Lease and the doing of any Social Housing Infrastructure Works for the purpose of servicing Social Houses within the Agreement Area. Project Notice The Project Notice is defined as a Notice provided to the Warraberalgal (Torres Strait Islanders) Corporation that: a. is substantially in the form of the template in Schedule 11 (not attached); and b. is completed with necessary information required as per Schedule 11 (not attached.) Social House A Social House is any dwelling subject to the Social Housing Lease, including any dwelling house upgraded, renovated, restored or constructed pursuant to the Social Housing Lease. Social Housing Infrastructure Works Infrastructure Works includes anything which permits / 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 any other thing that is similar to any of the things in that list, within the Agreement Area and which are accurately specified with particularity in a Project Notice." Social Housing Lease Social Housing Lease is defined as any lease over all or a part of the Agreement Area under the Torres Strait Islander Land Act, which lease will be in substantially the same terms as the lease in Schedule 4 (not attached.) Native Title in the ILUA Area The native title holders are the Mer Gedkem Le People whose rights and interests were recognised in the litigated native title determination in Mabo v Queensland [No 2] (1992) 175 CLR 1, and for the consent native title determination in Andrew Passi on behalf of the Meriam People v State of Queensland [2001] FCA 697 (14 June 2001).