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

Category: Agreement
Date: 8 August 2018
Date To: 30 June 2026
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act) | Lease
Place:

Mer Island

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as Lease C, Lot 344 on SP249793 on Mer (Murray Island), in the Torres Strait. For details of the area see Schedule 2 attached below under documents. The area is within the jurisdiction of the Torres Strait Island Regional Council.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: QI2019/005.
Subject Matter:Access | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/005
Summary Information:

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.

Detailed Information:

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).


Related Entries

Organisation
  • National Native Title Tribunal
  • The Commonwealth of Australia as represented by the Department of Home Affairs - Signatory
  • Mer Gedkem Le (Torres Strait Islanders) Corporation RNTBC - Signatory
  • Torres Strait Regional Authority
  • Torres Strait Island Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Case Law
  • Mabo v Queensland [No 2] (1992) 175 CLR 1

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/005 as at 07/05/2019 (Mer Island Department of Home Affairs ILUA). - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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