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Erub Landfill Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 May 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Erub (Darnley) Island

State/Country:Queensland , Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as all the land and waters within Lot 43 on SP270873, covering an area of 7465 sq m and located on Erub (Darnley) Island in the Torres Strait. For details of the area see Schedule Two 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 13/05/2019. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/007
Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/007
Summary Information:

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.

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, 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).


Related Entries

Organisation
  • National Native Title Tribunal
  • Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation RNTBC - Signatory
  • Torres Strait Island Regional Council - Signatory
  • The State of Queensland represented by the Department of Natural Resources, Mines and Energy - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Mr Selle Thaiday - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/007 as at 13/05/2019 (Erub Landfill Indigenous Land Use Agreement). - ( 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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