Badu Island Supermarket and Cafe/Storage Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as Lot 142 on SP253545 and Lot 141 on SP274784.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 20 October 2017. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

The Badu Island Supermarket and Cafe/Storage Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Wakaid Coral Sea Co Pty Ltd and the Mura Badulgal (Torres Strait Islanders) Corporation RNTBC (Registered Native Title Body Corporate).

The agreement area covers about 3000 sq metres in total, over two land parcels on Badu Island in the Torres Strait.

The purpose of the ILUA is for the Mura Badulgal (Torres Strait Islanders) Corporation RNTBC to provide consent for the granting of leases and the use of the land for retail/commercial purposes.

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

Commencement:

Subject to clause 3.2, this agreement commences on the Execution Date, with the exception of clauses 5 and 6 which commence on 20 October 2017 (the date of registration).

Termination:

The agreement can be terminated by a written agreement executed by the parties.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the agreed future acts (see below).

Extinguishment

The parties acknowledge that the non-extinguishment principle, as defined in the Native Title Act 1993 (Cth), applies to all agreed future acts.

Future act provisions

This agreement provides the Mura Badulgal(Torres Strait Islanders) Corporation RNTBC's consent to the grant, execution and registration of leases to Island and Cape Retail, as well as all acts necessary (including subleasing) for Island and Cape Retail Enterprises to use the agreement area for retail/commercial purposes and any related or ancillary purposes provided the terms of any sublease are consistent with the terms of the ILUA.

Native Title in the Agreement Area:

The agreement is located within the area of native title recognised by the Federal Court of Australia (FCA) in the consent determination proceeding Nona on behalf of the Badulgal v State of Queensland, QUD6078/1998. (FCA File No.: QUD6078/1998; NNTT File No.: QCD2004/010).

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