Badu Infrastructure and Housing Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 2 of the Agreement, as all of the land within Lot 7 on plan TS158 covered by the determination area of QUD6078/1998 where native title exists.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 26 February 2019.

This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

The Badu 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 Mura Badulgal (Torres Strait Islanders) Corporation RNTBC (Registered Native Title Body Corporate);
• the Torres Strait Island Regional Council; and
• the Torres Strait Regional Authority.

The agreement area covers about 95 sq km, extending across the Torres Strait Island of Badu.

The purpose of the agreement is to provide consent for government-funded construction of housing and infrastructure.

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

Commencement:

Parts 1, 3 and 4 of the agreement commenced from the date the last party signed it. Part 2 of the agreement commenced from 26 February 2019 (registration date).

Termination:

The agreement continues indefinitely unless terminated by agreement in writing between 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) covered by the agreement.

Extinguishment

The Extract notes that some of the infrastructure constructed under this agreement will be subject to a grant of freehold title for the purpose of home ownership, where this occurs the relevant native title rights and interests are surrendered to the state from, and including, the date the Project Consent Certificate is issued. The native title tights and interests in that area will be extinguished upon the surrender taking effect.

Future act provisions

The agreement is part of a joint State and Commonwealth funded project known as the Major Infrastructure Program. It provides consent for the Torres Strait Island Regional Council, funded by the State of Queensland and the Commonwealth, to construct, operate, use, maintain and repair any works, structures or improvements to land which directly or indirectly provide a benefit or service to the general public or the Island community. These include activities in relation to:

• offices, depots and staff housing by or for the benefit of the Commonwealth of Australia, the State or local government;
• electricity generation, distribution or transmission facilities;
• public education facilities;
• public health facilities;
• police facilities;
• emergency facilities;
• transport facilities, including pedestrian paths, cycle ways, transfer facilities, freight storage and logistic areas, bus stops and layovers, ferry stops and taxi stops;
• sewage pump stations and sewerage treatment facilities;
• solid waste transfer and treatment facilities;
• water supply pump stations, raw water storage, clear water storage, dams, weirs and bore field infrastructure;
• the things listed in s 24KA(2) of the Native Title Act 1993 (Cth) to the extent that they are not reticulation or distribution infrastructure, such as overhead power lines, power poles, street and public space lighting, telephone lines, data cables, gas and water pipelines etc; and
• social housing.

The parties also consent to the validating of any future act covered by this agreement that was done prior to the registration date and after the Torres Strait Regional Council gives an Initial Project Notice (under clause 9), but before the Mura Badulgal (Torres Strait Islanders) Corporation RNTBC gives Project Consnet Certificate (underclause 9.1(d)).

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 [2004] FCA 1578 (Badu Islanders #1) (FCA File No.: QUD6078/1998; NNTT File No.: QCD2004/010).

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