Erub Island Multi Purpose Facility 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 Part of Lot 4 on TS 156 being shown as Lease A on SP 284231.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 24 January 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Erub Island Multi Purpose Facility Indigenous Land Use Agreement (ILUA) was agreed;between the Torres Strait Regional Authority (TRSA) and the Erubam Le Traditional Land and Sea Owners (TSI) Corporation.&

The Agreement Area covers about 0.17 ha on Darnley (Erub) Island in the Torres Strait.

The purpose of the Agreement is to authorise the constructon and lease of a multi purpose facility and any associated activities.

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

Background to the Agreement:

The agreement enables the construction and leasing of a multi-purpose facility with offices, a meeting room, a reception, kitchen, toilet, garage and storage in an agreed area in the outer islands of the Torres Strait. The facility will provide a base for the Torres Strait Regional Authority's land and sea rangers and their boats, vehicles and other TSRA assets (Torres Strait Regional Authority, 2018).

This Agreement commences on 4 November 2016, however, clause 5, (concerning the agreed acts), and clause 6, commence upon registration (24 January 2017).

Termination:

The Agreementmay be terminated by writtemna greement of each party.

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.

Extinguishment

The parties agree that the non-extinguishment principle applies - this means that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities authorised under this Agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

Future act provisions

The Extract contains statements referencing 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), so the consequences of these sections are triggered, meaning that the Agreement provides consent for the doing of any acts by non-native title parties and validates previous future acts.

The future acts consented to by the parties include the following:

Native Title in the Area:

The Agreement is located within the native title determination area recognised by the Federal Court of Australia (FCA) in the proceeding Mye on Behalf of the Erubam Le v State of Queensland [2004] FCA 1573 (FCA File No.: QUD6036/98; NNTT File No.: QUD6036/1998).

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