Warraber Infrastructure and Housing Indigenous Land Use Agreement (ILUA)

Torres Strait

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 December 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Warraber Infrastructure and Housing Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

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

The purpose of the ILUA is to provide infrastucture to benefit the general public and island community. It also provides for residential and social housing.

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

Details of the Agreement

Commencement and Termination

The ILUA commences from the date when signed by all the parties. This date is not specified in the Extract. It commences as an ILUA and in relation to the future acts from the date of registration, 1 December 2020.

The ILUA continues on a an indefinite basis, but may be terminated at any time by the written agreement of 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 acts covered by this agreement.

Extinguishment

The non-extinguishment principle applies - this mans that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests, instead they are revived when the activities are finished.

Future act provisions

Subject to the issue of relevant project consent certificates or final project notice, the parties agree to the Torres Strait Regional Council, the State, the Torres Strait Regional Council and the State together, or any Opt in Party:

• constructing, operating, maintaining, using and repairing any infrastructure facility, in project areas of up to 30,000 sq ms that are wholly or substantially funded through the joint State and Commonwealth Infrastucture Program, including gaining access to a project area through an ancilliary project area or the constructing, operating, maintaining, using and repairing any infrastructure facility in an ancilliary project area, but excluding grants of freehold title;
• constructing, operating, maintaining, using and repairing any infrastructure facility, in project areas of up to 30,000 sq ms that are not wholly or substantially funded through the joint State and Commonwealth Infrastucture Program, including gaining access to a project area through an ancilliary project area or the constructing, operating, maintaining, using and repairing any infrastructure facility in an ancilliary project area, but excluding grants of freehold title;
• that involve the granting of one or more leases for private residential purposes for periods of 30 to 99 years in project areas of up to 30,000 sq ms;
• that involve the maintenance, repair, renovation, refurbishment or extension of residential houses in the project area in project areas of up to 30,000 sq ms that are a social house (funded by the State and/or Commonwealth governments or the Warraberalgal (Torres Strait Islanders) Corporation Registered Native Title Body Corporate RNTBC) or private residential houses that have been subject to a 30 to 99 year lease as above; and
• constructing, operating, maintaining, using and repairing any infrastructure facility in a project area of any size that are undertaken in relation to a proposed grant of transferable land in freehold title to the Warraberalgal (Torres Strait Islanders) Corporation Registered Native Title Body Corporate RNTBC under the Torres Strait Islander Land Act 1991 (Qld) so that the Torres Strait Regional Council can continue to provide local government services on the land after it is granted

The parties also agree to the validating of any of the above future acts that were invalidly done in relation to the Native Title Act 1993 (Cth) prior to the ILUA's registration date, after an initial project notice has been given and prior to the Warraberalgal (Torres Strait Islanders) Corporation Registered Native Title Body Corporate RNTBC being given a project consent certificate, provided the notice and consent are given.

An infrastucture facility provides a service that benefits the general public or the island community, and includes: government offices and staff accomodation, electricity generation or distribution, public health or education, police or emergency, transport, sewerage, solid waster, water supply or storage or any Islander Board of Industry and Service (IBIS) Store, but not social housing.

Native Title in the Agreement Area

The ILUA area is within the determination area of Poruma People v State of Queensland and others [2000] FCA 1066 (FCA file no.: QCD2000/004; NNTT file no.: QCD2000/004).

Related Entries

Documents

Glossary