Boigu Island (Torres Strait) Social Housing Indigenous Land Use Agreement (ILUA)
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|In the vicinity of Boigu on Boigu Island in the Torres Strait.
|Queensland. , Australia
|The agreement area covers about 0.6 Ha (7 allotments) located in the vicinity of Boigu on Boigu Island in the Torres Strait in the State of Queensland.
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 8 January 2014.
|National Native Title Tribunal File No.: QI2013/079
|Future Act | Health and Community Services |
|The Boigu Island (Torres Strait) Social Housing Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:
- the State of Queensland, Department of Aboriginal and Torres Strait Islander and
Multicultural Affairs (applicant);
- Malu Kiai (Torres Strait Islanders) Corporation; and
- the Torres Strait Island Regional Council.
The purpose of the ILUA is to authorise Social Housing leases within the area covered by the Agreement.
|Details of the Agreement
The commencement date of the ILUA is the execution date, which is 24 October 2013. However, clauses 5 and 6 commence on the registration date, which is 8 January 2014. The Extract does not stipulate an end date.
The Agreement operates to provide the parties' consent to specified 'Agreed Acts' to the extent that they are future acts. These 'Agreed Acts' are outlined in the Extract as follows:
a) The grant of a Social Housing lease or sublease within the Agreement Area;
b) The registration of any Social Housing Lease or any amended Social Housing Lease under
the Land Title Act 1994 (Qld), the Land Act 1994 (Qld) or the Torres Strait Islander Land Act 1991 (Qld) within the Agreement Area and for purposes of the Project;
c) The doing of any activity related to the lease, such as survey activities, geotechnical investigations, the grant of any permits or authorities, the construction of any Social Houses, the upgrade, renovation and restoration of any Social Houses, the clearing of any land, the use of any Social Houses and land and the creation of any interests (other than a grant of Freehold Title or the renewal or extension of a lease ) within the Agreement Area and for the purposes of the Project;
d) The surrender by the State of any part of any Social Housing Lease in the Agreement Area,
to facilitate the grant by the Trustee of any subsequent interest in the land (but not the grant of the subsequent interest itself) or for any other purpose except for purposes of the Project; and
e) The carrying out of infrastructure works within the Agreement Area for the purposes of the Social Housing Project.
Native Title Provisions:
The parties agree that the non-extinguishment principle applies to the doing of agreed acts to the extent that they are future acts - this means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.
Right to negotiate provisions do not apply
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
Background to the Agreement
Native Title in the ILUA Area
Malu Kiai (Torres Strait Islanders) Corporation holds the native title rights and interest on trust for the benefit of the Boigualgal native title holders as a registered native title body corporate.