ATNS - Agreements, Treaties and Negotiated Settlements project

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Erub Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
Date:	3 December 2015
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Darnley Island in the Torres Strait
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State/Country:	Queensland, Australia
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	The Agreement Area covers 6 housing lots on Darnley Island in the Torres Strait.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 3 December 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: QI2015/083
Subject Matter:
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/083
Summary Information:
Erub 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 Partnerships (State) (applicant); and - Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation RNTBC (Corporation); and - Torres Strait Island Regional Council (trustee). The purpose of this Agreement to grant a social housing lease and allow for the construction, maintenance and repair of social housing and related infrastructure within the Agreement Area.
Detailed Information:
Commencement This ILUA was registered with the Register of Indigenous Land Use Agreements on 3 December 2015. The Agreement Extract states that the Agreement is to commence on the Execution Date, being 17 September 2015. Clauses 5 and 6 of the Agreement are to commence on registration, being 1 December 2015. Use of the Agreement Area The Right to Negotiate The Agreement states that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to the Agreed Acts. The Agreed Acts The Agreement Extract states in clause 5.1 that the parties consent to doing any of the Agreed Acts for the purpose of the Project after the Execution Date. "The Project" involves the grant of a Social Housing Lease and the construction, renovation or repair of any Social House in accordance with the terms of them Social Housing Lease and the doing of any Social Housing Infrastructure Works for the purpose of servicing those Social Houses. The "Agreed Acts" allowed for the purpose of the Project means any of the following: - (a) The grant by the Trustee of any Social Housing Lease or any amendment of a Social Housing Lease or the grant of any sublease of a Social Housing Lease; (b) The registration of any Social Housing Lease or any amended Social Housing Lease under the Land Title Act 1994 (Qld); (c) 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 clearing of any land, and the creation of any interests (other than a renewal or extension of a lease); (d) The surrender by the State of any part of any Social Housing Lease, to facilitate the grant by the Trustee of any subsequent interest in the Agreement Area; (e) The doing of any Social Housing Infrastructure Works. Native Title in the ILUA Area The Agreement area falls within the Erubam Le native title application QUD6036/1998. In Mye on behalf of the Erubam Le v State of Queensland [2004] FCA 1573 the Federal Court of Australia determined that the Erubam Le People hold non-exclusive native title rights and interests over the entire Determination Area.