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

The Extract from Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 2 of the Agreement, as Lot 107 on SP 267944, Lot 1 on SP267944, Lot 67 on SP267944 within the given cordinate points, on Saibai Island in the Torres Strait.

The Saibai Island Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth) between:

- the State of Queensland, Department of Aboriginal and Torres Strait Islander Partnerships(applicant);

- Saibai Mura Buway (Torres Strait Islanders) Corporation; and

- the Torres Strait Island Regional Council.

The agreement area consists of three parcels of land with a total area of about 3084 sq metres, on Sabai Island in the Torres Strait.

The purpose of the agreement is to authorise the grant of a Social Housing Lease and the construction, renovation or repair of any Social House, as well as Social Housing Infrastructure Works, within the agreement area.

The Native Title Representative Body for this area is the Torres Strait Regional Authority.

Background to the Agreement:

Saibai Island is the largest island in the Top Western Cluster. It is about 20 km long and 6 km wide. Papua New Guinea's river systems are 5 km to the north of the island, whilst the Papua New Guinea mainland is 8 km to the north. At an average of one metre above sea level (with the highest point being 1.7 metres), the island interior is a mixture of mangroves, flood plain and brackish swamps which is prone to flooding during wet season.

Details of the Agreement:

Commencement

The agreement was registered with the National Native Title Tribunal (NNTT) on 29 May 2018.

The agreement commenced on 22 January 2018 (the execution date), except for clauses 5 and 6 which commenced on 29 May 2018 (when the agreement was registered). The NNTT extract does not specify an end date.

The agreement can be terminated at any time with the written agreement of each party.

Agreement

The agreement provides the parties' consent to the following acts:

a) the grant of a social housing lease, amended lease or sublease;

b) the registration of a social housing lease or amended lease;

c) any activity permitted under a lease or amended lease, including survey activities, geotechnical investigations, or the grant of permits or authorities. This might also include construction, upgrade, renovation and restoration of social housing, land clearing, the use of social housing and land, or the creation of any interests (other than granting freehold title or the renewal or extension of a lease );

d) the surrender by the State of Queensland of any part of a 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;

e) infrastructure works within the agreement area for the purposes of the social housing project; and

f) construction, operation, use, maintenance or repair of housing on Lot 67 on SP267944.

Native Title Provisions

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.

Native Title in the Agreement Area

The Saibai People had their native title rights recognised over this area on 12 February 1999 in Saibai People v Queensland [1999] FCA 158.

The Saibai People first lodged their claim with the National Native Title Tribunal (NNTT) in 1995. After four years of negotiation between the parties, a native title determination was made in favour of the Saibai People. All parties recognised the Saibai People's native title rights to possess, use, occupy and enjoy their land. This agreement was approved by Justice Drummond of the Federal Court in February 1999, recognising Saibai ownership of Saibai, Mawalmay Thoera, Thawpay Kawamag and Kuykuthal Kawamag Islands, in the Torres Strait (see Saibai People v Queensland [1999] FCA 158).

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