Badu Island Transfer Indigenous Land Use Agreement (ILUA)
|Date: ||7 July 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located on Badu Island, Torres Strait. |
|The Agreement Area covers about 101 sq km over Badu Island, in the State of Queensland. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 July 2014. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2014/007|
|Subject Matter:||Future Act | Land Transaction|
|Summary Information: |
|The Badu Island Transfer Indigenous Land Use Agreement (ILUA) was agreed between:
- State of Queensland, Aboriginal and Torres Strait Islander Land Services, Department of Natural Resources and Mines;
- Mura Badulgal (Torres Strait Islanders) Corporation RNTBC;
- Horace Baira on his own behalf and on behalf of the Badulgal People; and
- Torres Strait Island Regional Council
on 7 July 2014.
The purpose of this Area Agreement is to provide consent for the doing of specific Agreed Acts, (to the extent that they may be Future Acts) including the transfer.
The completion of the transfer will issue a Deed of Grant in Fee Simple to the grantee according to the Torres Strait Islander Land Act 1991 (Qld). |
|Detailed Information: |
This ILUA was registered with the National Native Title Tribunal (NNTT) on 7 July 2014.
The Extract does not specify a start or end date to the Agreement. However, the Extract does note that the Agreement will commence effect on the Exeuction Date, being 13 January 2014.
Clause 5 commences operation on Registration, being 7 July 2014. Clauses 6 and 8 of the Agreement take effect on the Transfer Date.
Native Title Provisions
The purpose of the Agreement is to provide consent for the doing of Agreed Acts, including Future Acts.
Where Agreed Acts performed before registration of the Agreement on 7 July 2014 are invalid Future Acts, the parties agree to validate those acts.
In addition, the parties agree to validate any invalid acts done by either the State or Torres Strait Island Regional Council in the Agreement Area prior to the Execution Date, being 13 January 2014. The effect of any such validation is that the Non-Extinguishment Principle applies.
These acts include:
(a) the building of the Queensland Health Staff Residence; and
(b) the dedication of the Proposed Reserve following the making of a regulation to declare the Airstrip transferable land under the TSILA.
Subdivision P, Division 3, Part 2 of the Native Title Act is not intended to apply to the doing of the Agreed Acts.
Agreed Acts include:
(a) the Transfer;
(b) the grant by the Corporation of the TSIRC Leases;
(c) the grant by the Corporation of the State Infrastructure Leases;
(d) the grant by the Corporation of any Residential Leases;
(e) any Amendment;
(f) the dedication, use and management of the Roads under the Land Act;
(g) the dedication of the Proposed Reserve;
(h) access to carry out inspection, maintenance, replacement and repair by TSIRC of TSIRC Infrastructure;
(i) the grant by the Corporation of the TSIRC Licence;
(j) the giving of Development Approvals by TSIRC of and incidental to the Transfer ; and
(k) all Future Acts necessary to give effect to the above acts.
Native Title in the ILUA Area.
The Agreement area includes all land and waters within the native title determination in favour of the Badulgal People. That determination arose from the decision of Nona on behalf of the Badulgal v State of Queensland  FCA 1578 (14 December 2004).|