Mer (Murray Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) #2

Mer (Murray Island)

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 10 December 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Mer (Murray Island) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) #2 was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• State of Queensland, acting through the Department of Aboriginal and Torres Strait Islander Partnerships;
• Mer Gedkem Le (Torres Strait Islanders) Corporation Registered Native Title Body Corporate (RNTBC); and
• Torres Strait Island Regional Council.
  

The purpose of the ILUA is to provide consent for social housing in the iLUA area.

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

Agreement area:

The ILUA area covers about 2,596 sq ms located on Mer (Murray Island) in the Torres Strait. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 2 of the ILUA (depicted in the map in schedule 1), as involving lots 40, 43 and 802.

Commencement:

The ILUA is binding from the date all the parties had signed it, that being 4 October 2018. The ILUA came into operation as ILUA, and in relation to the agreed acts, from registration on 10 December 2018.

Termination:

The ILUA may be terminated at any time by a written agreement signed by all 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 acts consented to under this ILUA.

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised by this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions

The parties agree to the following acts being done by the non-native title party, including where those acts have been done prior to registration of this ILUA:

• the grant by the Mer Gedkem Le (Torres Strait Islanders) Corporation RNTBC of any social housing lease under the Torres Strait Islander Land Act 1991 (Qld) within the ILUA area;
• the registration of any social housing lease for the purpose of the construction, renovation or repair of any social housing under the Land Title Act 1994 (Qld) and Land Act 1994 (Qld);
• the doing of any act permitted or contemplated by any social housing lease, including any survey activities, geotechnical investigations, the grant of any permits, the construction of social houses and the creation of any interests in the agreement area;
• the surrender of any existing social housing lease in the area by the State so it can be dealt with by the Mer Gedkem Le (Torres Strait Islanders) Corporation RNTBC; and
• the doing of any social housing infrastructure works within the area, including the construction, operation and maintenance of any road, footpath, street lighting, water supply, sewerage reticulation, electricity supply, domestic gas supply, communications facility and other similar things.
  

Native Title in the Agreement Area:

This ILUA area is within the native title determination area in Mabo and others v Queensland (No 2) [1992] HCA 23. (FCA file no.: B012/1982, NNTT file no.: QCD1992/001).

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