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

Category: Agreement
Date: 7 May 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Torres Strait

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as an approx. 40 square metre parcel of land within Lot 45 on SP104565 on Aureed 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 07/05/2019. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/006.
Subject Matter:Access | Future Act | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/006
Summary Information:

The Aureed Island Department of Home Affairs 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 Kulkalgal (Torres Strait Islanders) Corporation RNTBC.

The purpose of the ILUA is for the Kulkalgal (Torres Strait Islander) Corporation to provide consent for the grant of a lease over the ILUA area.

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 its agreed acts, from its registration date, 7 May 2019.

The ILUA will terminate 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.

Extinguishment:

Any activities carried out in relation to the granting of the lease that may be in conflict with native title rights and interests will not extinguish those native title rights and interests, instead they will revive when the activities are finished.

Future act provisions:

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

  • the grant of a lease in the ILUA area that will expire prior to 1 July 2026;
  • any other future acts the lease authorises to be done.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Warria on behalf of the Kulkalgal v State of Queensland [2004] FCA 1572. (FCA file no.: QUD6006/2001, NNTT file no.: QCD2004/004) Aureed Island Department of Home Affairs ILUA.


Related Entries

Organisation
  • National Native Title Tribunal
  • The Commonwealth of Australia as represented by the Department of Home Affairs - Signatory
  • Kulkalgal (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)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreement for QI2019/006 as at 07/05/2019 (Aureed 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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