Mer Island Department of Home Affairs Lease Indigenous Land Use Agreement (ILUA)

Mer Island

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 May 2019. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

The Mer Island Department of Home Affairs Lease Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• the Commonwealth of Australia as represented by the Department of Home Affairs; and
• the Mer Gedkem Le (TSI) Corporation RNTBC.

The purpose of the ILUA is to provide consent to the granting of a lease over the ILUA area to allow for the construction of a communications tower.

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, 7 May 2019.

The agreement will be terminated on 30 June 2026.

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.

Future act provisions:

The parties agree to the doing of certain acts, including:

• the grant of a lease over the agreement area;
• the construction of a new communication tower within the ILUA area and the removal of the existing tower;
• any other future acts which the lease authorises.
  

Native Title in the Agreement Area:

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

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