Erub Landfill Indigenous Land Use Agreement (ILUA)

Erub (Darnley) Island

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13/05/2019. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

The Erub Landfill Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Torres Strait Island Regional Council, Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation RNTBC, Mr Selle Thaiday and the State of Queensland represented by the Department of Natural Resources, Mines and Energy.

The purpose of the ILUA is to provide consent for the operation, maintenance, closure, and remediation of the Erub Communtiy Council Tip.

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

Details of the Agreement:

Commencement and Termination:

The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA and in relation to the agreed acts from the registration date, 13/05/2019. It will continue indefinitely unless terminated by the written agreement of 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 future act provisions of this ILUA. 

Future act provisions:

The parties agree to certain acts being done, including 'Landfill Related Future Acts'. These include any person doing activities in connection with: 

• the construction, operation, use, maintenance or repair of the landfill;
• the closure of the landfill; and
  
• the remediation of the landfill. 'Remediation' of the landfill refers to the measures that are to be completed in order to properly and effectively reverse the environmental effects of the landfill and rehabilitate the agreement area. 

Native Title in the Agreement Area:

The ILUA area is within the area of the the native title determination Mye on behalf of the Erubam Le v State of Queensland [2004] FCA 1573. (FCA file no.: QUD6036/1998, NNTT: QCD2004/005).

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