Ugar Infrastuctures and Housing Indigenous Land Use Agreement (ILUA)

Torres Strait

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 April 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Ugar Regional Infrastructure and Housing Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) between:

• the State of Queensland;
• the Torres Strait Island Regional Council;
  
• the Torres Strait Regional Authority; and
• the Ugar Ged Kem Le Zeuber Er Kep Le (Torres Strait Islanders) Corporation.
  

The purpose of the ILUA is to consent to the State and Commonwealth funded construction and maintenance of public service facilities and housing.

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

Details of the Agreement:

Commencement

The ILUA has effect as a contract from the date that the last party signed. It has effect as an ILUA, and in relation to the agreed future acts, from the date of registration.

Termination

The ILUA may be terminated by the written agreement of 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 the agreed future acts.

Extinguishment

The parties agree that the non-extinguishment applies. Under s 23EB(3) of the Native Title Act 1993 (Cth) any activities under the ILUA that may conflict with native title rights and interests will not extinguish those rights and interests, instead, they are revived once the activities are finished.

Future act provisions

The parties agree to State and Commonwealth funded infrastructure facilities being done by the Torres Strait Islander Regional Council and/or the State, or any opt-in party determined in writing by the Ugar Ged Kem Le Zeuber Er Kep Le (Torres Strait Islanders) Corporation. The infrastructure facilities include:

• the construction, operation, maintenance, or repair of the infrastructure facilities that provide services to the public or island community, including government offices, electricity supply, education, health, police, emergency, transport, sewage management, solid waste, water supply, things listed in s 24KA of the Native Title Act 1993 (Cth), and any IBIS (Islanders Board of Industry and Services) Store, but not social housing;
• the grant of leases for a term between 30 and 99 years for private housing;
• the maintenance, renovation, or extension of houses that are social housing or private housing; and
  
• the construction, operation, maintenance, or repair of Infrastructure Facilities that are in connection with a grant of freehold title to the Ugar Ged Kem Le Zeuber Er Kep Le (Torres Strait Islanders) Corporation, under the Torres Strait Islander Land Act 1991 (Qld), provided they are undertaken for the purpose of the TSRIC continuing to provide local government services.
  

Native Title in the Area:

The ILUA area is within the area of the native title determination Stephen on behalf of the Ugar People v State of Queensland [2004] FCA 157 (NNTT file no.: QCD2004/006; FCA file no.: QUD6067/1998).

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