Erub (Darnley Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) #2

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per the map in schedule 1 and written description in schedule 2, as Lot 92 on plan 270873 with an additional access area.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 29 May 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Erub (Danley Island) Torres Strait Social Housing ILUA #2 was agreed under the provisions of the Native Title Act 1993 (Cth) between the following parties:

• State of Queensland acting through the Department of Aboriginal and Torres Strait Islander Partnerships;
• Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation Registered Native Title Body Corporate ('RNTBC'); and
  
• Torres Strait Islander Regional Council.

The agreement area covers approximately 944 sq meters of land located on Erub (Darnley Island) in the Torres Strait. This area is identified in attached schedules 1 and 2 as Lot 92 on Survey Plan 270873 with an additional access area.

The purpose of the agreement is to consent to agreed acts associated with social housing leases, to be granted by the Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation RNTBC, and the construction and maintenance of social housing in the agreement area.

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

Details of the Agreement

The agreement area covers approximately 944 sq meters of land located on Erub (Darnley Island) in the Torres Strait. This area is identified in attached schedules 1 and 2 as Lot 92 on survey plan 270873 with an additional access area. The agreement area is bounded by the coordinate points detailed in the attached schedule 2.

Commencement

Procedural Clauses commenced operating on the date the agreement had been signed by all the parties (the 'execution date'). The agreement commenced operating as an ILUA once registered on the 29 May 2018.

Termination

This agreement may be terminated at any time by a written agreement signed by each 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 acts contained in this ILUA.

Extinguishment

The parties agree that the non-extinguishment principle applies. Therefore, under s 24EB(3) of the Native Title Act 1993 (Cth), any of the acts consented to under this agreement do not extinguish the native title rights and interests in the agreement area.

Future act provisions

The parties consent to the doing of certain agreed acts by non-native title parties, including consenting to the validation of those acts where they have been done prior to 29 May 2018. The agreed acts all go to the purpose of establishing a social housing project, inclusive of leasing, construction, renovation, repair and any associated infrastructure works, within the agreement area.

The agreed acts detailed in the ILUA include:

• the grant by the Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation RNTBC of any social housing lease, created under the Torres Strait Islander Land Act 1991 (Qld);
• the registration of any social housing lease under the Land Title Act 1994 (Qld), the Land Act 1994 (Qld), or the Torres Strait Islander Land Act 1991 (Qld);
• the doing of any activity permitted by a social housing lease - this may include any survey activities, geotechnical investigations, the grant of any permits, construction of social housing, renovation of social housing, the clearing of land, and use of any social housing; and
• the doing of any infrastructure works for the social housing project, extensive details of which are included in the attached extract under the meaning of 'Social Housing Infrastructure Works'.
  

Native Title in the Agreement Area

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Mye on behalf of the Erubam Le v Queensland [2004] FCA 1537. (FCA File No.: QUD6036/1998, NNTT File No.: QCD2004/005).

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