Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA)
|Date: ||28 September 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Saibai|
|The agreement covers about 608 sq m in the vicinity of Saibai.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 September 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2015/041|
|Subject Matter:|| | Native Title|
|Summary Information: |
|Saibai Island Additional Staff Accommodation Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:
- State of Queensland Health Service Chief Executive, Torres Strait Hospital and Health Service (applicant); and
- Saibai Mura Buway (Torres Strait Islanders) Corporation RNTBC.
The purpose of this Agreement is to provide consent for the construction, operation, use, and maintenance of staff accommodation and infrastructure.|
|Detailed Information: |
The agreement is to commence on the Execution Date, specified by the extract as 14 July 2015.
Clauses 5 (Registration of Agreement), 6 (Consent to Acts, apart from clause 6.5, which commences on the Execution Date) and 10 (Compensation) commence on the Registration Date, being 28 September 2015.
The Agreement may be terminated by the written agreement of each party. However if the Agreement terminates, clause 6 (Consent to Acts), 10 (Compensation) and 11 (Release and Waiver) of the Agreement will continue to apply.
Native Title Provisions
The Right to Negotiate
The Agreement states that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to the "Agreed Acts" under the Agreement.
The "Agreed Acts"
Under the Agreement, the parties consent to the doing of the "Agreed Acts".
"Agreed Acts" refers to any act done in the Agreement Area done as part of, or in relation to:
(a) the grant of Lease W;
(b) Construction Acts; and
(c) operation, use, maintenance, repair or replacement of the staff accommodation and infrastructure.
"Construction Acts" allowed within the Agreement means any act done as part of, or in relation to, the construction of the staff accommodation and infrastructure. This may include survey activities; geotechnical investigations and the grant of licenses, permits or authorities.
"Lease W" refers to the trustee lease between the Torres StraitIslander Regional council and the State, which is a 30 year lease over the Lease W Area.
"Staff Accommodation" means new residences for government employee housing which will be constructed under the Agreement within the Lease W area.
Native Title in the Agreement Area
The Agreement Area falls within the Saibai People native title claim area (Federal Court File Number: QUD6017/1998; Tribunal File Number: QCD1999/001).
In Saibai People v State of Queensland  FCA 158 (12 February 1999) the Federal Court of Australia determined that non-exclusive native title rights and interests which exist in relation to the Determination Area are held by the Saibai People.|